Andon, LLC v. The City of Newport News, VA, No. 14-2358 (4th Cir. 2016)Annotate this Case
Plaintiffs filed suit against the City, alleging that the City, acting through it's Board of Zoning Appeals (BZA), violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., by denying plaintiffs' request for a variance to permit a certain property to be used as a church facility. The district court dismissed the complaint with prejudice. The court concluded that plaintiffs failed to state a claim that the BZA’s decision imposed a substantial burden on plaintiffs’ right of religious exercise. The court also concluded that the district court did not abuse its discretion in denying plaintiffs’ request to amend their complaint, because any such amendment would have been futile. Accordingly, the court affirmed the judgment.