Redeemed Christian Church of God v. Prince George's County, No. 20-2125 (4th Cir. 2021)Annotate this Case
Victory Temple, affiliated with a Nigerian evangelical church, was founded in 1996. Victory’s membership grew from about 500 to more than 2,000 members. In 2018, Victory purchased the Property, intending to build a church with a seating capacity of up to 2,000. The zoning permits a church facility as a by-right use. An engineering firm concluded that building a church on the Property was entirely feasible. The Property was in the County’s water and sewer Category 5, an area planned for a future community water and sewer system, and required an upgrade to Category 4 to be developed. Victory submitted an application for a category change; the city manager recommended approval, emphasizing that many nearby parcels were already in Category 3. The Bowie City Council recommended denial. Residents expressed concerns about traffic safety, declining property values, and “light pollution.” The Transportation Committee voted to deny the Application. The County Council denied the Application.
The Fourth Circuit upheld an award of declaratory and injunctive relief in favor of Victory under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, The legislative amendment to the Water and Sewer Plan sought by Victory constitutes a land-use regulation subject to RLUIPA and the denial violated RLUIPA’s substantial burden provision. The County made “individualized assessments of the proposed uses for the property involved.” Assuming traffic safety constitutes a compelling governmental interest, the County failed to show how that its denial of the Application was the least restrictive means of furthering that interest.