Opulent Life Church, et al v. City of Holly Springs MS, et al, No. 12-60052 (5th Cir. 2012)Annotate this Case
The Church filed suit in federal district court, claiming that a now-repealed city ordinance's church-specific provisions, facially and as applied, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc et seq., the First Amendment; the Fourteenth Amendment, and the Mississippi Constitution. The Church simultaneously filed a motion for a preliminary injunction of the challenged provisions. The court subsequently vacated the district court's order denying the Church's motion for a preliminary injunction and remanded for further proceedings. The court concluded that the issues on remand included but were not limited to: (1) whether the Church was likely to succeed on its claims challenging the validity of the newly adopted religious facilities ban; (2) whether the harm the Church would suffer absent a preliminary injunction outweighed the harm an injunction would cause the city; (3) the amount of actual damages the Church suffered on account of Sections 10.86 and 10.89 of the city's zoning ordinance, which violated RLUIPA; and (4) at the district court's discretion, whether the Church should be awarded reasonable attorneys fees as a prevailing party under 42 U.S.C. 1988(b).