Marianist Province of the U.S. v. City of Kirkwood, No. 18-3076 (8th Cir. 2019)Annotate this Case
Vianney appealed the district court's summary judgment rulings on their Religious Land Use and Institutionalized Persons Act (RLUIPA) claims, Missouri Religious Freedom Restoration Act (Missouri RFRA) claim; and inverse condemnation claim under Missouri's Constitution.
The Eighth Circuit affirmed as to the RLUIPA claims, holding that the city's lighting and sound regulations did not substantially burden, rather than merely inconvenienced, Vianney's religious exercise. In this case, Vianney has not demonstrated that a requirement that it avail itself of alternatives would substantially burden its religious exercise, and the record demonstrated that Vianney was not treated less favorably than other schools. The court also affirmed as to the inverse condemnation claim, holding that Missouri courts have held that the reasonable exercise of a city's police power does not constitute a taking and the regulations here did not impose unusually restrictive limitations. However, the court vacated as to the Missouri RFRA claim, because the district court abused its discretion in deciding this state law claim on the merits after granting the city summary judgment on the RLUIPA claims. Accordingly, the court remanded to the district court with instructions to dismiss the claim without prejudice.