Legal Opinion

Corp. of the Presiding Bishop v. City of West Linn

Oregon Supreme Court

Decided May 5, 2005No. LUBA 2002-155; CA A122194; SC S51504PublishedCited by 19 opinions

1Opinion of the CourtBalmer, J.

In this land use dispute, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (the church) challenges the City of West Linn’s (the city’s) denial of a conditional use permit (CUP) to build a new meetinghouse. The church argues that the denial constituted a “substantial burden” on religious exercise as that term is used in the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 USC §§ 2000cc - 2000cc-5 (2000); which prohibits a government entity from implementing a land use regulation that imposes such a burden unless imposing that…

2Cases cited12 opinions

  1. Sherbert v. VernerSupreme Court of the United States · 1963
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. City of Boerne v. FloresSupreme Court of the United States · 1997
  4. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  5. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991

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3Cited by19 opinions

  1. Cambodian Buddhist Society of Connecticut, Inc. v. Planning & Zoning CommissionSupreme Court of Connecticut · 2008
  2. Friends of Columbia Gorge, Inc. v. Columbia River Gorge CommissionOregon Supreme Court · 2009
  3. Trinity Assembly of God of Baltimore City, Inc. v. People's CounselCourt of Appeals of Maryland · 2008
  4. Morsman v. City of MadrasCourt of Appeals of Oregon · 2006
  5. City of Eugene v. Comcast of Oregon II, Inc.Oregon Supreme Court · 2016

14 more not listed; retrieve them via the Exa API.

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