River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois

611 F.3d 367 (2010)

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River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois

United States Court of Appeals for the Seventh Circuit
611 F.3d 367 (2010)

Facts

River of Life Kingdom Ministries (River of Life) (plaintiff) was a small church that sought to relocate to a building within an area of the Village of Hazel Crest, Illinois (the village) (defendant) that was zoned as a commercial district. The district was close to a train station, and the village hoped to revitalize the area as a commercial center. Therefore, the zoning ordinance excluded noncommercial uses, such as churches, community centers, schools, and libraries. River of Life sued the village, claiming that the zoning ordinance violated the equal-terms provision of the Religious Land Use and Institutionalized Persons Act, which prohibits governments from instituting land-use regulations that treat religious assemblies differently than secular assemblies. River of Life moved for a preliminary injunction to prevent the village from enforcing the zoning ordinance. The district court denied River of Life’s motion, and a panel of the Seventh Circuit affirmed. The Seventh Circuit decided to rehear the case en banc to determine the proper test for analyzing whether the zoning ordinance likely violated the equal-terms provision.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

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