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Louisiana presbytery enjoined from preventing sale of church property
- Holland & Knight LLP
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- USA
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- October 17 2011
In Carrollton Presbyterian Church v. Presbytery of South Louisiana of the Presbyterian Church, Case No. 2011 CA 0205, 2011 WL 4433571 (La. App. 1st Cir. Sept. 14, 2011), the court of appeals affirmed the trial court’s grant of summary judgment and permanent injunctive relief, prohibiting the Presbytery of South Louisiana from taking jurisdiction over Carollton Presbyterian Church’s session to prevent Carollton from selling its property
Transfer of parcel to parochial school as relocation incentive ruled unconstitutional
- Holland & Knight LLP
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- USA
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- October 17 2011
In Wirtz v. City of South Bend, Indiana, Case No. 3:11-CV-325-RLM, 2011 WL 3922697 (N.D. Ind. Sept. 7, 2011), the court held that transferring a parcel of property to a parochial school as an incentive to cause the school to relocate to an abandoned downtown parcel violated the Establishment Clause
Religious drug treatment program and homeless shelter did not violate Fair Housing Act
- Holland & Knight LLP
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- USA
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- October 17 2011
In Intermountain Fair Housing Council v. Boise Rescue Mission Ministries, Case No. 10-35519, 2011 WL 4347029 (9th Cir. Sept. 19, 2011), the court of appeals held that a Christian-based drug treatment program and homeless shelter did not violate the religious exemption to the Fair Housing Act’s (FHA) anti-discrimination provision by giving preference to persons of its own religion
Association lacked standing to challenge FEMA-financed relocation of religious school under the National Historic Preservation Act
- Holland & Knight LLP
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- USA
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- October 17 2011
In Friends of St. Frances Xavier Cabrini Church v. Federal Emergency Mgmt. Agency, Case No. 10-30918, 2011 WL 4435792 (5th Cir. Sept. 26, 2011), the court of appeals ruled that an association comprised of individuals who were current and former parishioners of Cabrini Church, alumni of St. Frances Xavier Cabrini and Redeemer School (Cabrini School), preservationists, architects, citizens and residents lacked standing to assert a claim that the Federal Emergency Management Agency (FEMA) was required under the National Historic Preservation Act (NHPA) to include Holy Cross School campus in a protected Area of Potential Effects (APE) within the meaning of the NHPA
Florida court lacked jurisdiction to determine whether the governance of a church should be elder-led or congregation-led
- Holland & Knight LLP
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- USA
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- October 17 2011
In Smith v. Jamison, 36 Fla. L. Weekly D2054a (Fla. 1st DCA Sept. 16, 2011), a dispute arose over how the First Baptist Church of Micanopy, Inc. was to be governed
Ministerial exception not a bar to particular sexual harassment claims, but a bar to reliance on minister’s speech to congregation
- Holland & Knight LLP
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- USA
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- October 17 2011
In Prince of Peace Lutheran Church v. Linklater, Case No. 66, 2011 WL 4374963 (Md. Sept. 21, 2011), the Maryland Court of Appeals ruled that the ministerial exception doctrine did not preclude a former music director from asserting all county-code-based sexual harassment claims against her church, pastor, synod and bishop, because the church did not claim that there was any doctrinal reason for the alleged harassment
District court may sever a zoning ordinance by striking secular uses when religious uses are excluded
- Holland & Knight LLP
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- USA
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- October 17 2011
In Covenant Christian Ministries, Inc. v. City of Marietta, Case No. 10-11966, 10-12222, 2011 WL 3903432 (11th Cir. Sept. 7, 2011), the court of appeals affirmed the district court’s authority to remedy an ordinance’s facial violation of the “equal terms” provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA) by striking other assembly uses from the list of permitted uses in residential zones, rather than by adding language permitting religious assemblies in the religious zones
New York court rules that it lacks jurisdiction over pastor’s common law claims
- Holland & Knight LLP
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- USA
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- October 17 2011
In Washington v. African Methodist Episcopal Church, Inc., Case No. 11-CV-6087-CJS, 2011 WL 4352404 (W.D.N.Y. Sept. 16, 2011), the court ruled that the Free Exercise Clause of the First Amendment precluded subject matter jurisdiction over a pastor’s and his wife’s claim against their former church and bishop based on breach of contract, intentional infliction of emotional distress, prima facie tort, and loss of consortium
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- Jurisdiction - USA
- Workarea - Non-profit Organizations
- Workarea - Litigation
- Author - Eddie Williams