In Salman v. City of Phoenix, Case No. CV 12-1219-PHX-JAT, 2012 WL 2261118 (D. Ariz. June 15, 2012), the court dismissed, based on the doctrine of res judicata and the Rooker-Feldman doctrine, the plaintiffs’ RLUIPA and Arizona Freedom of Religious Exercise Act (RFRA) claims related to their multiple convictions for holding weekly Bible studies on their property in violation of the zoning code. The court held that it did not matter that an order of dismissal without prejudice in a prior case on the same facts was not an adjudication on the merits, because the issue that led to dismissal was adjudicated on its merits and was conclusively determined. The plaintiffs neglected to show that anything had changed. Furthermore, the court ruled that the plaintiffs’ claims would necessarily depend on the court reaching opposite findings on the issues discussed in state court.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact firstname.lastname@example.org or call Lexology Customer Services on +44 20 7234 0606.
RLUIPA claim of home Bible study plaintiffs dismissed
If you are interested in submitting an article to Lexology, please contact Andrew Teague at email@example.com.
PHD, a division of The Fuel Logistics Group (Pty) Ltd