Tom Donlon and John Peloso Author RLUIPA Article Published in New York Law Journal

Business Litigation Group lawyers Thomas J. Donlon and John F.X. Peloso, Jr. authored the article “2nd Circuit Reverses Finding That Village School Zoning Laws Were Discriminatory” published in the New York Law Journal on February 28, 2020. The article offers an overview of Congregation Rabbinical College of Tartikov v. Village of Pomona, 945 F.3d 83. “Absent a petition for certiorari to the U.S. Supreme Court, the Feb. 6, 2020 denial of the plaintiffs’ petition for rehearing en banc by the U.S. Court of Appeals for the Second Circuit will bring to a close almost 13 years of litigation over the school zoning laws of the Village of Pomona. With the issuance of the court’s mandate, the Second Circuit panel decision of Dec. 20, 2019, Congregation Rabbinical College of Tartikov v. Village of Pomona, 945 F.3d 83, is now final. That decision overturned the district court’s finding that two Village zoning laws were enacted in 2001 and 2004 with the intent to discriminate against the Orthodox/Hasidic community, leaving those laws in effect.” John and Tom represented the Village of Pomona in the trial and appeal of this case. Read the full article.

John Peloso and Evan Seeman Co-author Article Published in Practical Law’s The Journal

Business Litigation Group lawyer John F. X. Peloso Jr. and Real Estate + Development Group lawyer Evan J. Seeman co-authored the article “Avoiding and Defending Against RLUIPA Claims” published in the “Government Practice” special issue of Practical Law’s The Journal. The feature article explains how municipalities can effectively avoid and defend against RLUIPA claims. In particular, it provides an overview of regulation of religious land use, examines claims made against municipalities under RLUIPA, describes RLUIPA’s safe harbor provision, and offers guidance on counseling municipal officials on RLUIPA’s requirements. View the full article. © 2019 Thomson Reuters. All rights reserved.

Diana Neeves and John Peloso Present Webinar on RLUIPA Claims

Environmental, Energy + Telecommunications Group lawyer Diana E. Neeves and Business Litigation Group lawyer John F. X. Peloso Jr., presented a webinar on “Ten Easy Lessons: How Local Governments Can Successfully Defend against RLUIPA Claims” on December 11, 2017. Presented by the International Municipal Lawyers Association, the program covered RLUIPA's basic provisions. The program also included a discussion of ten lessons municipalities and their counsel should heed based on the past 10+ years of RLUIPA litigation. Ms. Neeves and Mr. Peloso offered insight on proactively planning for religious uses and educating local decision makers. Click here to view the presentation.

Evan Seeman Writes Chapter for ABA State and Local Government Law Section Book

Real Estate + Development Group lawyer Evan J. Seeman authored a chapter in the book Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression, published in August 2017 by the ABA's State and Local Government Law Section. In the chapter, "Regulating Religious Land Uses under the First Amendment: A Practical Approach for Local Governments," Mr. Seeman focuses on religious land use disputes brought under the First Amendment's Free Exercise and Establishment Clauses (the Religion Clauses), specifically analyzing the types of claims that governments may face under the Religion Clauses and the differences between claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Seeman also offers practice tips on how governments can avoid such claims at the outset and, if unsuccessful, can defend against such claims. To find out more about the book, click here.

Robinson+Cole Lawyers Write Articles for APA Publication

Four Robinson+Cole lawyers are featured authors in the Spring 2017 issue of Planning & Law, a publication of the Planning and Law Division of the American Planning Association. Real Estate + Development Group lawyers Evan J. Seeman and Dwight H. Merriam and Business Litigation Group lawyer John F. X. Peloso coauthored  "RLUIPA Case of the Year? Minnesota Municipality Uses RLUIPA’s Safe Harbor Provision to Avoid Liability." The article discusses the decision in Riverside Church v. City of St. Michael, where a federal court in Minnesota ruled that actions taken under RLUIPA's safe harbor provision absolved a local government of possible RLUIPA violations. The decision may serve as a model for other municipalities across the country faced with RLUIPA litigation. Click here to view the article. The four authors also write for the blog RLUIPA-Defense.

Mr. Seeman also co-authored "'Content Neutral' Land Use Regulation after Reed: Recent Developments in Signs, Adult Businesses, and Religious Uses." The article examines the implications of the U.S. Supreme Court decision in Reed v. Town of Gilbert, which has made it more difficult to regulate land uses in a content neutral manner that satisfies First Amendment limitations. It considers several forms of expression protected by the First Amendment that may arise in the zoning context, including the regulation of signage, adult entertainment business uses, and religious uses. Click here to view the article. 

Robinson+Cole Lawyers Examine Litigation Trends in RLUIPA Land Use Claims

Business Litigation Group lawyer John F. X. Peloso Jr. and Real Estate + Development Group lawyer Evan J. Seeman were panelists for the webinar "RLUIPA Land Use Claims—Latest Litigation Trends and Key Case Law Developments," presented on February 22, 2017. They reviewed the types of claims being raised in RLUIPA litigation and how the courts have responded, the steps local governments can take to avoid RLUIPA challenges, and effective strategies for municipalities in defending RLUIPA claims. Click here to view the PowerPoint for the session. Mr. Peloso and Mr. Seeman are contributing authors of the RLUIPA Defense blog.

Evan Seeman and John Peloso Publish Note for Practical Law

Real Estate + Development Group lawyer Evan J. Seeman and Business Litigation Group lawyer John F. X. Peloso Jr. authored the practice note "Avoiding and Defending Against RLUIPA Claims," published in Practical Law (Thomson Reuters) on December 22, 2016. In the note, Mr. Seeman and Mr. Peloso discuss how local governments can avoid liability under the Religious Land Use and Institutionalized Persons Act (RLUIPA). They specifically focus on strategies that can prevent and defend against substantial burden, unreasonable limits, and equal terms claims, including using the safe harbor provision, addressing public statements, and educating government officials about the law. Please click here to view the note.

Land Use Litigation Lawyers Present at Touro Law Center

Land use litigation lawyers Ted Carey and John Peloso presented an update on the Religious Land Use and Institutionalized Persons Act (RLUIPA) for Touro Law Center's Institute for Land Use & Sustainable Development Law on September 23, 2016. The presenters offered techniques for local governments to use in avoiding, mitigating, and defending against RLUIPA claims. They also discussed basic claims that can be brought under RLUIPA, the current state of religious land use litigation, and the courts' varying interpretation and treatment of RLUIPA across the country, particularly in the Second Circuit. 

Evan Seeman Participates in Webinar on Planning for Religious Uses

Evan J. Seeman, land use lawyer in the Hartford office, co-presented the webinar "Planning for Religious Uses in an Age of Religious Diversity and Lawsuits" on August 5, 2016, which was hosted by the Planning Webcast Series and sponsored by the Connecticut Chapter of the American Planning Association. Mr. Seeman and his co-presenters, land use lawyers Daniel P. Dalton and Noel W. Sterett, examined the types of claims that can be brought under the Religious Land Use & Institutionalized Persons Act (RLUIPA) and how communities can plan for religious land uses without risking a potential RLUIPA violation. They also provided different strategies and approaches to avoid RLUIPA litigation. Because litigation is sometimes unavoidable, they also outlined the life of a RLUIPA case from start to finish, including how municipalities may better defend against such claims. The webinar drew more than 380 attendees. Click here to view the PowerPoint.

Mr. Seeman is a contributing author to the firm's blog RLUIPA Defense.

Evan Seeman Writes about Religious Exercise in Planning Magazine

Land use lawyer Evan J. Seeman published the article "Defining Religious Exercise" in the Legal Lessons column of the May 2016 issue of Planning magazine, a publication of the American Planning Association (APA). In the article, Mr. Seeman asks the question: What establishes religious exercise under the Religious Land Use and Institutionalized Persons Act (RLUIPA)? The answer is not always apparent, especially when mixed-use proposals combine clear religious uses with secular uses. Mr. Seeman examines the case Chabad Lubavitch of Litchfield County, Inc. v. Borough of Litchfield to find answers for planners and local zoning agencies facing difficult situations that relate to that question. His conclusion is to closely scrutinize religious entity projects and use caution in defining religious uses. Please click here to view the entire article.

Mr. Seeman is secretary-treasurer of the APA's Planning and Law Division.

Hartford Land Use Lawyers Publish Article on Religious Land Use Applications in Connecticut Planning

Land use lawyers Evan J. Seeman and Brian R. Smith wrote an article for the Spring 2016 issue of Connecticut Planning, a publication of the Connecticut Chapter of the American Planning Association, based on their experience representing a Connecticut soup kitchen in the local zoning process and subsequent federal litigation. In the article "Five Tips for Planners and Planning Commissioners Reviewing Religious Land Use Applications," Mr. Seeman and Mr. Smith discuss lessons learned in their experience and provide a handful of tips for land use agencies reviewing applications for proposed religious uses. Click here to read the entire article.

Land Use Lawyers Negotiate Settlement Allowing Soup Kitchen to Remain Open

For more than three years, land use lawyers Brian R. Smith and Evan J. Seeman, on a pro bono basis, have represented St. Vincent de Paul Place, Norwich, Inc., and The St. Joseph's Polish Roman Catholic Congregation. St. Vincent, a ministry of the Congregation, operates a soup kitchen and food pantry at the site of a former parochial school in Norwich, Connecticut. After local administrative hearings and three federal lawsuits, including a successful trip to the U.S. Court of Appeals for the Second Circuit, Mr. Smith and Mr. Seeman negotiated a favorable settlement that will allow St. Vincent to continue to remain open to provide food, shelter, and religion to hundreds of individuals daily. The federal lawsuits challenged the City of Norwich's actions denying a special permit and use variance to allow St. Vincent to continue to operate, as well as notices of violation that had been issued by the City. Under the settlement, the City will issue a special permit to St. Vincent and the Congregation to ensure that the poor and needy receive necessary food and care. Other lawyers who have assisted in this matter include Kathleen E. Dion, Sorell E. Negro, Kelly Frye Barnett, and Jonathan H. Schaefer.

Click here to view an article about the settlement in The Bulletin.

Robinson+Cole RLUIPA Defense Lawyers Featured in News

Dwight H. Merriam and Evan J. Seeman, RLUIPA defense lawyers, were interviewed by a reporter for KPBS Public Broadcasting, who wrote the feature news item "Opposition Builds Against San Diego Televangelist Project," which appeared on January 29, 2016. (KPBS Public Media provides television, radio, and digital programming in San Diego, California). The article presents the story of celebrity televangelist Morris Cerullo in his quest to build an 18-acre mixed-use development in Mission Valley and the opposition by several neighborhood organizations to that development. Mr. Cerullo claims that his project is protected under RLUIPA. Mr. Merriam is quoted in the piece and speaks to the issue by stressing that the law most often applies to places of religious celebration, not commercial projects like this development. He adds this: "Would a large-scale, mixed-use development possibly be under the umbrella, the protection of the Religious Land Use and Institutionalized Persons Act? It's unlikely, is the short answer." KPBS featured the interview online, in its radio broadcast, and on television.  

Also, Karla L. Chaffee was quoted in the Cook County Record article "Illinois nuns' lawsuit vs McHenry County over zoning denial could have local, national implications," published on January 28, 2016. The article highlights a case where a county in Illinois rejected the proposal of an order of Catholic nuns to expand its convent facilities. The outcome could have far-reaching implications in yet another situation where religious adherents and organizations contend with their rights. In commenting on the case, Ms. Chaffee says that "[t]he Religious Land Use and Institutionalized Persons Act (RLUIPA) has and continues to have a large impact on the planning world and municipal land use law," and that "RLUIPA provides extra-constitutional protections to religious land use applicants and institutionalized persons and grants prevailing plaintiffs the right to recover their attorneys' fees." Please click here to read the full article. 

Mr. Merriam, Mr. Seeman, and Ms. Chaffee are co-authors of the blog RLUIPA Defense, a resource for those seeking to avoid or defend against claims taken under RLUIPA.

Evan Seeman Presents at APA RLUIPA Webinar

Land use lawyer Evan J. Seeman was part of a panel discussion for the webinar "Planning for Religious Uses under the Religious Land Use and Institutionalized Persons (RLUIPA) Act" on October 22, 2015. The session was sponsored by the American Planning Association's (APA) Planning and Law Division. Mr. Seeman, along with co-panelists Daniel P. Dalton of Dalton & Tomich; John B. Murphey of Rosenthal, Murphey, Coblentz & Donahue; and Noel W. Sterett of Mauck & Baker, outlined strategies and approaches to help local governments avoid RLUIPA litigation, including planning for religious uses through local zoning codes and the discretionary review of applications for zoning relief. The group also discussed the different types of claims that can be brought under RLUIPA, current trends, and their own experiences in RLUIPA litigation. Please click here to view the session's PowerPoint.

Land Use Lawyers Present IMLA Webinar on Avoiding and Defending RLUIPA Suits

Robinson+Cole land use lawyer Evan J. Seeman presented the webinar "How to Avoid and Defend RLUIPA Suits" on June 8, 2015. Moderated by Michael S. Giaimo and hosted by the International Municipal Lawyers Association (IMLA), the session centered on the different approaches developed by the courts to address substantial burden and equal terms claims brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Because RLUIPA is a source of conflict and potential liability for local governments, especially with the burden of protracted, complex civil litigation and attorneys' fees, Mr. Giaimo and Mr. Seeman discussed the latest interpretations and applications of RLUIPA by the courts and provided practical pointers on how to avoid liability. Click here to view the PowerPoint for the webinar. Click here to view the resource list.

Land Use Lawyers Present at Touro Law's Bagels with the Boards CLE

Land use lawyers Hiram B. Carey and Evan J. Seeman were the featured speakers at the Touro Law Center's Land Use and Sustainable Development Law Institute's inaugural Bagels with the Boards CLE on February 27, 2015. The program, "RLUIPA Defense: Avoiding and Defending RLUIPA Claims," was largely attended by local government lawyers, who learned about techniques that local governments may use to avoid, mitigate, and defend against claims taken under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Carey and Mr. Seeman also discussed the basic claims that can be brought under RLUIPA; the state of religious land use litigation since RLUIPA's enactment in 2000; the courts' varying interpretations and treatment of the act across the country, particularly in the Second Circuit; recent cases of interest; and how the Supreme Court's decisions in Burwell v. Hobby Lobby and Holt v. Hobbs could affect the landscape of religious land use litigation. A copy of their PowerPoint presentation is available here.

Evan Seeman Presents on Religious Land Use Litigation at ABA Midyear Meeting

Evan J. Seeman, land use lawyer in the Hartford office, served as a panelist in the program "Religious Land Use Litigation Since 2000," held at the ABA Midyear Meeting in Houston on February 5, 2015. Mr. Seeman, along with fellow panelists Daniel Dalton of Dalton & Tomich; Patricia Salkin, dean of Touro Law School; and Noel Sterett of Mauck & Baker, discussed the state of religious land use litigation under RLUIPA since its enactment in 2000 and the different approaches the U.S. Circuit Courts of Appeal have developed to analyze claims brought under the statute. In addition, they offered advice to both religious applicants and local governments bringing and defending against such claims, including what it takes to constitute a "substantial burden" under the statute, examples of "comparators" under the equal terms provision, the statute's "safe harbor" provision, planning for religious use, educating local officials, and how the Supreme Court's recent decisions in Burwell v. Hobby Lobby and Holt v. Hobbs may affect the religious land use litigation landscape. Please click here to view the PowerPoint for this session.

Evan Seeman Writes Article on RLUIPA Defense Tactics

Land use lawyer Evan J. Seeman authored the article "RLUIPA Defense Tactics; How to Avoid & Defend Against RLUIPA Claims," published in the December 2014 issue of Zoning and Planning Law Report. In the article, Mr. Seeman examines how municipalities can avoid claims brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA). He specifically focuses on steps that municipalities can take to better position themselves: regulating religious uses, creating a surplus of land for religious use, building specific mechanisms into zoning codes, avoiding a hostile atmosphere in the land use review process, educating government officials, and exploring ripeness issues, among others. To read the entire article, please click here.

Mr. Seeman represents municipalities, developers, and landowners in land use matters before administrative agencies and state and federal courts. Along with land use lawyers Dwight H. Merriam and Karla L. Chaffee, he co-authors the blog RLUIPA Defense. To read their recent blog post about the U.S. Supreme Court's decision in Holt v. Hobbs, 574 U.S. ___ (2015), please click here.

Robinson+Cole Lawyers Speak on Religious Land Use Litigation

Litigation lawyer John F. X. Peloso Jr. and land use lawyer Evan J. Seeman were panelists for the ABA webinar "Litigating Religious Land Use Cases," held on November 6, 2014. To help facilitate religious land use cases, which can be difficult and unpredictable, the program covered these pertinent legal principles: the current state of law; claims that can arise under the Religious Land Use and Institutionalized Persons Act (RLUIPA), state Religious Freedom Restoration Acts, and the Free Exercise Clause of the First Amendment; and litigation strategies in dealing with such actions. Daniel Dalton, of Dalton & Tomich, PLC, also participated in the program.

In addition, Mr. Seeman wrote on the same topic in the article "A $6.5 Million Lesson in RLUIPA Defense," published in the Summer/Fall 2014 issue of Planning & Law, a publication of the Planning & Law Division of the  American Planning Association. Here, he addresses the settlement of claims that the Town of Greenburgh, New York, had violated RLUIPA in denying a church's proposal to construct a house of worship and religious school. Please click here to view the entire article.

Hartford Lawyers Co-author Article on Religious Land Use

The article originally appeared on RLUIPA-Defense, a blog about avoiding and defending against religious land use claims, particularly those taken under the Religious Land Use and Institutionalized Persons Act (RLUIPA). Mr. Merriam and Mr. Seeman are co-authors of RLUIPA-Defense.

Robinson & Cole Lawyers Provide Pro Bono Support to Norwich Soup Kitchen

Robinson & Cole lawyers Timothy D. Bates, Brian R. Smith, Evan J. Seeman, Kathleen E. Dion, and Jonathan H. Schaefer, along with land use analyst Linnea C. McCaffrey, are collaborating to provide pro bono assistance to St. Vincent de Paul Place, Norwich, Inc., in Connecticut, a ministry of the Roman Catholic Diocese that provides services to the needy in Norwich through its soup kitchen and food pantry programs. The firm has performed this work on a modified pro bono basis; however, it is requesting that attorneys' fees be awarded should it be successful.

The firm's representation of St. Vincent concerns its ability to exercise freely its religion to serve the needy on a particular site. The firm has brought an appeal regarding the denial of a special permit to the Second Circuit, is challenging an enforcement order in the U.S. District Court, and, based on the denial of a variance on May 14, 2013, is preparing another lawsuit to be filed in the District Court. The cases challenge the City of Norwich's actions under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). An overwhelming number of cases in Connecticut's low-income bracket are not being represented in court, bringing to light a very real concern about this impact on justice. Robinson & Cole is part of a pro bono movement to represent those who do not have access to justice. These cases, which started at the local level with planning and zoning issues before moving into federal court, are presently Robinson & Cole's largest pro bono cases.

Tim Bates was quoted in the article "Soup kitchen in Norwich gets $100,000 in donated legal help," published in the New London Day on April 23, 2013.

Evan Seeman Speaks to Connecticut Association of Zoning Enforcement Officials About Religious Land Use

Trial and Land Use Lawyers Present Webinar on Religious Land Use and Institutionalized Persons Act

Robinson & Cole trial and appellate lawyers John R. Bauer, Ted Carey, and William J. Kelleher III teamed up with land use lawyers Dwight H. Merriam and Evan J. Seeman to present a 90-minute webinar for Strafford Publications on March 13, 2012, entitled "Religious Land Use and Institutionalized Persons Act Claims: Strategies for Local Governments to Avoid or Defend RLUIPA Actions."

Also participating was professor Marci A. Hamilton, the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law at Yeshiva University. Over 100 people from 36 locations across the country participated. In the works is a follow-up webinar on trial techniques for defending against RLUIPA claims.