Indiana church camp sues over neighboring dairy farm

In one of the first lawsuits filed under Indiana’s year-old Religious Freedom Restoration Act (Ind. Code §§ 34-13-9-1 to -11), the Hoosier Environmental Council filed a complaint (download here) on behalf of a children’s church camp in eastern Indiana. The complaint alleges that the Rush County Board of Zoning Appeals substantially burdened the House of Prayer Ministries’ exercise of religion by granting a special exception to local zoning ordinances allowing Milco Dairy to construct and operate a concentrated animal feeding operation, known as a CAFO.

7th Cir.: Att’y fees to defend frivolous suit are substantial burden; jury must decide zoning denial

The Seventh Circuit affirmed that incurring attorney fees in a frivolous lawsuit brought by a governmental entity can constitute a substantial burden under RLUIPA this week. It also reversed a determination that the City of Chicago had demonstrated the city had not imposed a substantial burden on a religious outreach center's religious activities by denying licenses required to conduct those activities. Judge Richard A. Posner wrote the opinion for the court, and Judge Richard D. Cudahy wrote the following, exceptional concurrence: "Unfortunately, and I think the opinion must be stamped with a large ‘MAYBE.’” Judge Ilana Rovner was the third vote. Another notable aspect of the case is that, like most RLUIPA cases, it has been in litigation a long time—nine years. As Judge Posner wrote, “We can understand the judge’s desire to end a litigation that will soon have lasted as long as the Trojan War, but we do not think that the end is yet in sight.”

Roundup for November 15, 2014: Parsonage exemption, Buddhist and Presbyterian splits, rappers, free resources

Here are the posts from this week to the Law Meets Gospel feeds on Twitter, Facebook, and blog.

Posts to the blog

• Seventh Circuit holds challengers to parsonage exemption lack standing

 Stories from around the Internet posted to the feeds

• TX Breakaway Presbyterian congregation settles for $7.8M with PCUSA before hearing Story here.
• D.Utah: FLDS member with belief in secrecy excused from testifying about internal church affairs, cites #HobbyLobby. Story here. 
• Retweet: @LawMeetsGospel @PSRBlaw MT @TEMPLE_HERITAGE: YES! We are now a 501(c)(3). All donations are tax-deductible. Thank you Josh at Plews Shadley Original tweet here.
• 2nd Cir.: Synagogue may pursue RLUIPA-based challenge to denial of construction at historic site. Story here. 
• Megachurch leader threatens to sue rappers over remix. Story here.
• Cert. Filed In Ban On Church Use of New York City Schools. Story here.
•  Company seeks $250M from Los Angeles archdiocese. Story here.
•  Church boots AA group over gay weddings - KSLA News 12 Shreveport, Louisiana News Weather & Sports. Story here.
• Notre Dame Asks For Supreme Court GVR In Contraceptive Coverage Challenge. Story here.
• Free Webinar—Nonprofit Engagement Best Practices by The NonProfit Times—Covers social media, fundraising, engagement. More information here.
• North Carolina Supreme Court Allows Direct Appeal of School Voucher Program. Story here.
• Minnesota Archdiocese Enters Historic Settlement In Clergy Abuse Case. Story here.
• NOT RELIGION: @PSRBlaw's Josh Tatum @LawMeetsGospel elected to IN State Bar Association’s Appellate Practice Section’s Council. Story here.
• Pastors Seek To Quash Subpoenas For Sermons, Communications. Story here.
• Pastor accused of affairs temporarily banned, turns over keys to building and church-provided Mercedes. Story here.
• FREE DOWNLOAD: #Nonprofit Board Stories & #LeadershipDevelopment Strategies. Download here.
• Same-sex marriage has been legal in Idaho for all of 2 days, and two ministers already face jail, fines. Story here.
• Two Ministers Ordered To Perform Same-Sex Wedding Face Jail, Fines. Story here.
• NY's high court considers neo-Pagan tax exemption case from @TimesUnion. Story here.
• All A-Board!: How Personalities Affect Your Board - NPQ - Nonprofit Quarterly. Story here.
• Houston Mayor Drops Pastor Subpoenas via @CTMagazine. Story here.
• W. D. Ky..: Catholic Hospital's Disability Plan Does Not Qualify as a Church Plan Exempt from ERISA. Story here.
•  Rogue pastors endorse candidates, but IRS looks away via @POLITICO. Story here.
• Constitution Check: Should the Supreme Court get involved in church property disputes? Story here.
• Jehovah's Witnesses to pay $13.5M for alleged child abuse via @fox5sandiego. Story here.
• 3 Unique YouTube Perks for Non-profit Organizations [Creator's Tip #167] - ReelSEO. Story here.
• Very interesting report on nonprofit C.E.O. pay. Religious leaders seem to be outliers. Story here.
• Court Rejects Free Exercise and Establishment Clause Challenges To California's Reparative Therapy Ban. Story here.
• Retweeted Plews Shadley (@PSRBlaw): PSRB attorney Josh Tatum @LawMeetsGospel helps @TEMPLE_HERITAGE obtain nonprofit status. #BethElTemple Original tweet here. Story here.
• Interesting article with helpful tips on transition in the top spots of nonprofits: Who'll Fill Their Shoes? Story here.
• @IUPhilanthropy Study: Younger, Non-Religious Women Give More #philanthropy. Story here.
• N.Y. App. Div.: Buddhist congregants can't sue over shuttered Manhatten temple, dissent would neutrally apply bylaws. Story here. Opinion here.
• D.C. Cir.: Compromise accommodation for religious nonprofits on contraceptive mandate passes RFRA test. Story here. Opinion here.
   

Have a question about legal issues affecting religious organizations? Let me know at questions@lawmeetsgospel.com, www.facebook.com/LawMeetsGospel, or @LawMeetsGospel.