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CASE ENTRY

Tree of Life Christian Schools v. City of Upper Arlington, Ohio

Seeking to raise tax revenue, Upper Arlington, Ohio officials prohibit schools from operating in business district. Religious school challenges the restriction as a violation of the Religious Land Use and Institutionalized Persons Act. Sixth Circuit: Plaintiff isn’t similarly situated to any of the groups allowed to operate in the business district, so there is no violation. Dissent: RLUIPA does not contain a “similarly situated” requirement; you (and other courts) are just making that up.


Tags: 2018, RLUIPA, Sixth Circuit, Zoning

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