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Temple B'Nai Zion, Inc.v.City Of Sunny Isles Beach, Florida

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-12984
DecidedAugust 29, 2013
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilCivil RightsLand UseFirst AmendmentReligious LibertyDue ProcessStandingAppellate ProcedureVacaturRemand
Case Summary

Temple B’Nai Zion, an Orthodox Jewish synagogue in Sunny Isles Beach, Florida, challenged the city’s designation of its property as a historic landmark. The Temple alleged that the designation, which restricted alteration or demolition of the building, was motivated by hostility toward its Orthodox and Sephardic Jewish community and interfered with planned expansion. It sued under the Religious Land Use and Institutionalized Persons Act, Florida’s Religious Freedom Restoration Act, and federal and state constitutional provisions. The district court dismissed the case as unripe, reasoning that the Temple had not submitted further building plans or sought a variance. The Eleventh Circuit vacated and remanded. Traditional ripeness principles applied because the Temple alleged a present injury from the city’s initial designation itself, rather than merely from a future permit decision. The court held that the extensive landmark hearings supplied a sufficiently concrete record and that no further factual development was necessary to decide whether the designation was allegedly discriminatory. It also held that the Temple had standing as the property’s owner and vacated dismissal of the facial vagueness challenge to the landmark ordinance. The panel did not decide whether the city actually violated RLUIPA, religious-liberty, equal-protection, or due-process requirements; those merits questions were left for the district court. The judgment was vacated and the case remanded.

Opinion

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