Author Topic: RLUIPA Law Suit Filed by Church of Scientology of Georgia  (Read 98839 times)

Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #60 on: May 10, 2010, 17:48 »

Deb Danos is scheduled to be deposed on May 19, 2010 at 10:00 am at the Dillard & Galloway offices, at 3500 Lenox Drive, Suite 760, Atlanta, Ga. 30326.

Bob Wright is scheduled to be deposed on June 3, 2010 at 10:00 am at the Dillard & Galloway offices, same address.

Here's the link to the Fulton County Superior Court information, which is referred to on page 13 of 22) in the 3rd document (Joint PRELIMINARY REPORT AND DISCOVERY PLAN):
http://www.fcclkjudicialsearch.org/Scripts/UVlink.isa/tsgdb1/WEBSERV/PUBCivilSearch?action%253Dview%26track%253D673658

Quote
   In the SUPERIOR COURT
    Fulton County, Georgia
    Case No. 2010CV180058
    
CHURCH OF SCIENTOLOGY OF GEORGIA INC., A GEORGIA CORPORATION VS. CITY OF SANDY SPRINGS, GEORGIA A MUNICIPAL CORPORATION OF THE STATE OF GEORGIA; THE CITY COUNCIL OF THE CITY OF SANDY SPRINGS, GEORGIA, EVA GALAMBOS, MAYOR OF THE CITY OF SANDY SPRING, GEORGIA AND JOHN PAULSON, DIANNE FRIES, WILLIA COPPEDGE
    
Filed on 01/14/2010
    Case Type: APPEAL
    Judge: Wendy L. Shoob
    Current Status: Filed

Defendant   
Defendant Attorneys
City Of Sandy Springs   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
The City Council Of The City Of Sandy Springs   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Galambos, Eva   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Paulson, John   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Fries, Dianne
S   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Collins, William Coppedge   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Jenkins, Ashley   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Dejulio, Tiberio   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Mcenerny, Karen Meinzen   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030

Plaintiff   
Plaintiff Attorneys
Church Of Scientology Of Georgia Inc   Dillard, G. Douglas
3500 LENOX ROAD NE
SUITE 760
Atlanta, GA 30326

Hearings
03/09/2010   Tuesday   9:30am   CIVIL NON JURY

Events and Orders of the Court
04/05/2010   MICROFILMED FILE
03/05/2010   LEAVE OF ABSENCE
03/02/2010   ORDER ON MOTION
03/02/2010   ORDER
02/25/2010   MOTION
02/11/2010   LEAVE OF ABSENCE
01/29/2010   Acknowledgement of Service
01/19/2010   AMENDMENT
01/14/2010   CASE INITIATION FORM
01/14/2010   PLAINTIFF'S ORIGINAL PETITION

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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #61 on: May 15, 2010, 22:50 »
Articles and opinions on RLUIPA

JUDICIAL REVIEW OF LOCAL LAND USE DECISIONS: LESSONS FROM RLUIPA

By Ostrow, Ashira Pelman
Publication: Harvard Journal of Law and Public Policy
Date: Tuesday, April 1 2008

Quote
This Article questions whether traditional judicial deference to local land use regulators is justified in light of the highly discretionary, and often corrupt, modern system of land use regulation. In 2000, Congress determined, first, that unlike other forms of economic legislation, land use regulation lacks objective, generally applicable standards, leaving zoning officials with unlimited discretion in granting or denying zoning applications, and second, that this unlimited discretion lends itself to religious discrimination. Congress therefore enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires courts to apply strict scrutiny review to land use decisions that impact religious land uses.

Since its enactment, the constitutionality of RLUIPA has been debated extensively. Many scholars maintain that the statute is an overly broad exemption that creates a privileged class of land users and allows religious institutions to avoid a community's reasonable land use concerns. In contrast, this Article argues that in enacting RLUIPA, Congress identified a global flaw in land use regulation that impacts all land users, but limited its remedy to religious land users. While RLUIPA's strict scrutiny review is clearly inappropriate for land use cases that involve neither fundamental rights nor suspect classes, traditional judicial deference is equally inappropriate in light of the discretionary nature of modern zoning. Fortunately, the Supreme Court established the appropriate standard of review in its earliest zoning cases. This Article thus maintains that RLUIPA is significant because it highlights a fundamental flaw in local land use regulation, and because its bifurcated approach to judicial review of zoning decisions revives an early facial/as-applied dichotomy in land use jurisprudence and encourages more meaningful judicial review of all as-applied land use decisions.

found at http://www.allbusiness.com/legal/property-law-real-property-zoning-land-use/10635776-1.html

A Non-Fatal Collision: Interpreting RLUIPA Where Religious Land Uses and Community Interests Meet


Adam MacLeod, Faulkner University
Abstract

Quote
This paper grapples with the difficult question how best to interpret the Religious Land Use and Institutionalized Persons Act, which creates a prophylactic remedy in favor of religious land users burdened by local land use regulations. Where the burden on religious exercise is substantial, RLUIPA subjects the regulation to strict scrutiny review. Several scholars object to RLUIPA on the grounds that it violates principles of federalism and equality between religious and non-religious landowners. Other scholars make the case for an expansive RLUIPA on the ground that the First Amendment privileges religious exercise over other types of land use.

This article first attempts to narrow the debate about RLUIPA. It suggests that scholars are arguing about what this article calls the RLUIPA interest gap, the space between religious discrimination hidden behind facially-neutral land use regulations, on one hand, and regulations that are narrowly tailored to compelling state interests, on the other. After reviewing the federal courts’ constructions of RLUIPA’s key terms, this article concludes that the RLUIPA interest gap is narrower than most scholars suppose. Focusing on the RLUIPA interest gap and the implications of that gap for communities grappling with the implications of regulating religious land use should clarify what is and what is not at stake in the debate over RLUIPA’s scope. This article affirms the claim of Natural Law philosophers and religious scholars that religion is a basic human good, which deserves the protection of law. However, it denies that the fundamental value of religion is a reason to give religious land users an exemption from land use regulation that non-religious land users do not enjoy.

Next, this article challenges the common assumption that RLUIPA’s strict scrutiny review is necessarily fatal. It attempts to identify some compelling state interests on the basis of which local governing authorities may burden religious land uses. The thesis of this latter part of the argument is that interests in direct protection of basic (underived, ultimate) human goods are compelling, for purposes of strict scrutiny analysis. If this thesis is correct, courts and scholars can more productively focus on the second prong of the strict scrutiny standard: narrow tailoring. A close connection between a community’s compelling interest and the land use decision chosen to protect that interest is a strong indication that the local government has not engaged in religious discrimination.
abstract found at http://works.bepress.com/adam_macleod/8/

additional resources and opinions:
http://atheism.about.com/od/churchstate/a/RLUIPAindex.htm
http://findarticles.com/p/articles/mi_qa3816/is_200401/ai_n9379400/
http://www.inversecondemnation.com/inversecondemnation/rluipa_religious_land_use/
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #62 on: July 02, 2010, 22:00 »
New Information about the RLUIPA suit:

05/17/2010   22 NOTICE to Take Deposition of MARK MOORE filed by Church of Scientology of Georgia, Inc. (Jones, Andrea) (Entered: 05/17/2010)
http://alley.ethercat.com/storage/RLUIPA-notice.deposition.mark.moore.pdf (1203384 bytes)

05/17/2010   23 NOTICE to Take Deposition of DAVID ADAMS filed by Church of  Scientology of Georgia, Inc. (Jones, Andrea) (Entered: 05/17/2010)
http://alley.ethercat.com/storage/RLUIPA-notice.deposition.david.adams.pdf  (1204263 bytes)

05/17/2010   24 NOTICE to Take Deposition of NANCY LEATHERS filed by Church of Scientology of Georgia, Inc. (Jones, Andrea) (Entered: 05/17/2010)
http://alley.ethercat.com/storage/RLUIPA-notice.deposition.nancy.leathers.pdf (1195169 bytes)

06/22/2010   25 Joint MOTION for Extension of Time to Complete Discovery by Church of Scientology of Georgia, Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Andrea) (Entered: 06/22/2010)
http://alley.ethercat.com/storage/RLUIPA-motion.extend.discovery.pdf (1600598 bytes)

06/23/2010   26 ORDER that the 25 Motion for Extension of Time to Complete Discovery is extended to 10/1/2010 and all subsequent dates scheduled in the Joint Preliminary Report and Discovery Plan previously filed with the Court are extended to reflect the 60 day extension of discovery period. Signed by Judge Charles A. Pannell, Jr
on 6/23/2010. (ank) (Entered: 06/23/2010)
http://alley.ethercat.com/storage/RLUIPA-order.extend.discovery.pdf (783329 bytes)

Thank you , Ultrapoet.
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Offline Lorelei

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #63 on: July 02, 2010, 22:57 »
Oh, cult. So desperate.
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in the next generation that the revolution is accomplished." -- Jean d'Alembert

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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #64 on: July 03, 2010, 00:48 »
Who is being deposed by Church of Scientology of Georgia, Inc.?

Mark Moore is the Sandy Springs Transportation Planning Engineer/Manager: http://sandyspringsga.org/Newsroom/Press-Releases/2006/Sandy-Springs-Takes-Measures-to-Ensure-High-Standa

David Adams, Fire Protection Engineer:
http://sandyspringsga.org/Emergency-Services/Fire-Rescue-Department/Meet-the-Staff
Quote
Fire Protection Engineer

David Adams has 10 years of experience overseeing the regulatory review and jurisdictional responsibilities for 16,000 state of Georgia owned buildings. He is an ICC Certified Fire Code Official and is a Chief Fire Officer, (CFOD) from the Commission on Fire Accreditation International. David has served as a licensed architect in the private sector for 10 years. Adams is a graduate of the University of Florida and Ohio State University.

Nancy Leathers is the Community Development Director:
http://sandyspringsga.org/City-Departments/Community-Development/Staff/Nancy-Leathers
Quote
Nancy Leathers, AICP

Community Development Director
Nancy Leathers, AICP

Nancy Leathers has been involved in community development throughout the Greater Atlanta area for the past 30 years. Her career follows a path from private consultant planner to public service in Fulton County, where she contributed to many areas, serving as deputy director, chief of operations and eventually becoming the director of the Fulton County Department of Environment and Community Development. Leathers received her bachelor’s degree from the University of Minnesota and her master’s degree from the University of Chicago. She is a member of the American Institute of Certified Planners, the American Planning Association and the Council for New Urbanism.
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Offline wynot

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #65 on: July 03, 2010, 08:26 »
Okay, the 'Transportation Planning Engineer/Manager' makes some kind of sense, since traffic problems were addressed by witnesses at the Zoning Board meetings. And 'Community Development Director', too. But 'Fire Protection Engineer'? I don't remember anything being said about fire problems with the building. Hmmm... You don't suppose their plan is to...?

'til next time;
wynot
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #66 on: July 03, 2010, 11:12 »
Fire Protection Engineer determines the number of people allowed in the building.  Still, parking requirements (determined by zoning) are aside from the occupancy of the building.
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Offline Lorelei

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #67 on: July 03, 2010, 11:45 »
Seems like they are determined to drag everyone possible into their bid to get special privileges that no one, not even another church (or "church"), would or should get, and which inconvenience, annoy, distract and/or endanger the residents and drivers in the area.

The bottom line is that the organization made an expensive mistake, and has already been caught GROSSLY neglecting the property in question and disregarding / inconveniencing the neighbors and the neighborhood with large, noisy gatherings, unwanted overflow parking problems, engaging in peddling and other distractions in the parking lot area and contributing to greatly increased traffic congestion more than once.
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Offline Sarcasm Pirate

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #68 on: July 03, 2010, 15:03 »
They are seeking further discovery time to approach out of state and expert witnesses? lol I am curious as to who qualifies as an expert witness for them and who they are pulling out of state for this. -coughBobAdams?cough-

Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #69 on: July 03, 2010, 16:36 »
Since both plaintiff and defendant jointly requested the extension, either or both could be approaching expert witnesses out of state.  We might see some major or minor celebrities from scientology criticdom in the courtroom, and ditto for major or minor celebrities from the evil corporate empire. 

Only if they're complete and utter fools would the plaintiffs bring Bob Adams back.   <--:D-->

oh, wait...
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Offline Lorelei

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #70 on: July 05, 2010, 03:12 »
Bob Adams is comparing fares on Travelocity and Priceline and clearing his calendar right now, you know.
"Once the foundation of a revolution has been laid down, it is almost always
in the next generation that the revolution is accomplished." -- Jean d'Alembert

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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #71 on: July 05, 2010, 09:17 »
Bob has been busy speaking to high school football players.

http://www.prweb.com/releases/Church-of-Scientology/Bob_Adams/prweb4188344.htm
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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #72 on: August 13, 2010, 17:16 »
Francois Koutchouk of RLUIPA.info talks with Tom Smith on The Edge and discusses the Religious Land Use and Institutionalized Persons Act, a U.S. federal law that gives any organization that calls itself "religious" special zoning privileges, in contravention to the Equal Protection Clause of the U.S. Constitution. 

This aired earlier today.

An mp3 is available for download here:
http://www.theedgewithtomsmith.com/pgms/indexpg.html

additional info at http://www.rluipa.info/index.html
« Last Edit: August 13, 2010, 23:47 by mefree »
The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #73 on: August 14, 2010, 10:46 »
^^^
Great information and many good links on the rluipa.info site.

One example:

Quote
Abstract: a) Rich frat boys discover religion to throw noisy parties forbidden by local zoning laws. b) Becket fund blackmails and inflames community to get a courtroom notch on its belt c) Where declaring a Laundromat as “religious” provides exemption from regulatory oversight.

http://writ.news.findlaw.com/hamilton/20061130.html
more at http://www.rluipa.info/links.html
 
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #74 on: August 18, 2010, 19:13 »
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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #75 on: August 18, 2010, 20:23 »
One more document trickles out:

Supplement to plaintiff's initial disclosures-081110

Links to information on cases referenced in supplement:

MICHELLE BETENBAUGH KENNEY AROCHA v. NEEDVILLE INDEPENDENT SCHOOL DISTRICT
http://caselaw.findlaw.com/us-5th-circuit/1531060.html

ROCKY MOUNTAIN CHRISTIAN CHURCH v. BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY COLORADO
http://caselaw.findlaw.com/us-10th-circuit/1524278.html

WISCONSIN v. YODER
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=406&invol=205
http://en.wikipedia.org/wiki/Wisconsin_v._Yoder

FAYETTE COUNTY v. SEAGRAVES
http://scholar.google.com/scholar_case?case=4726045464566576977&hl=en&as_sdt=2&as_vis=1&oi=scholarr
The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #76 on: August 24, 2010, 21:46 »
Francois Koutchouk of RLUIPA.info talks with Tom Smith on The Edge and discusses the Religious Land Use and Institutionalized Persons Act, a U.S. federal law that gives any organization that calls itself "religious" special zoning privileges, in contravention to the Equal Protection Clause of the U.S. Constitution. 

This aired earlier today.

An mp3 is available for download here:
http://www.theedgewithtomsmith.com/pgms/indexpg.html

additional info at http://www.rluipa.info/index.html

The mp3 is no longer there, but can be heard here now: http://www.rluipa.info/news.html

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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #77 on: August 25, 2010, 09:18 »
« Last Edit: August 28, 2010, 14:51 by mefree »
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Offline Guy Fawkes

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #78 on: November 21, 2010, 16:21 »
I've downloaded the dox so far.  I got a few paragraphs into the Complaint and just wanted to throw things.

There's one document that was marked as *Restricted* and I couldn't get to.  Hmmmmm.

Case 1:10-cv-00082-CAP, for future reference.

I'll be checking back and keeping an eye on it.  Also looking for a place to upload the dox so it only has to be paid for once.

What you might wish to consider, at least for future use, is a Firefox plugin called RECAP. What this does is to mirror a copy of documents you retrieve from PACER to a publically-available archive, where the documents can be retrieved for free.


Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #79 on: November 21, 2010, 16:28 »
Thanks for the tip, Guy.
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama