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Property Keyed to Rabin
Civil Liberties for Urban Believers v. City of Chicago
Facts
The Chicago zoning ordinance (CZO) promoted and protected the general public’s welfare; stability within the residential commercial, business, and manufacturing areas; and their orderly and beneficial development. Under this ordinance, churches were permitted in residential zones, however, were required to obtain special permits, which cost nearly $5,000, to operate in commercial and business zones. Later, Chicago (Defendant) amended the CZO to require all community centers, clubs, lodges, and meeting halls to obtain special use permits in which a church is required to obtain one. The Civil Liberties for Urban Believers, an association of Chicago-area religious or non-profit corporations, and five individual member churches (Plaintiffs), alleged that the CZO violated: 1) the federal Religious Land Use and Institutionalized Persons Act (RLUIPA); 2) the free exercise od religion; and 3) the Equal Protection Clause of the Fourteenth Amendment. The trial court granted summary judgment to Defendant stating that the CZO imposed no substantial burden on religious exercise; was rationally related to a legitimate government purpose; and was a neutral and generally applicable law that did not impermissibly burden religious exercise. Plaintiffs appealed.
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