Livingston Christian School v. Genoa Charter Township, No. 16-2060 (6th Cir. 2017)Annotate this Case
LCS, a nondenominational Christian school in Livingston County, Michigan, sought to relocate after operating for several years in Pinckney, LCS entered into a lease agreement to operate its school on the property of Brighton Nazarene Church in Genoa Charter Township. The Township informed LCS that an amended special-use permit was required. The Church applied for a permit on LSC’s behalf. The Township denied the application, citing traffic concerns, inconsistency with the surrounding area’s single-family residential zoning, the failure of the Planning Commission’s proposed conditional approval to mitigate these problems, and the Church’s history of noncompliance with the zoning ordinance and with conditions on its prior special-use permits. The district court rejected, on summary judgment, LCS’s claim that the denial violated the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc. The Sixth Circuit affirmed. When a religious institution has an available alternative outside of a desired jurisdiction, and where the distance from the desired location to the alternative property is reasonably close, the artificial boundaries of a particular jurisdiction become less important. The record here does not indicate that traveling roughly 12 miles to Pinckney would be unduly burdensome to LCS’s students. Nor does the record demonstrate that LCS’s religious beliefs required it to locate within Genoa Township.