timing

Irshad Learning Center v. County of DuPage

Full Case Name
IRSHAD LEARNING CENTER, Plaintiff, v. COUNTY OF DUPAGE, Defendant
Description

Institution purchased property to build a structure for religious and educational activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the permit. Institution and County both moved for summary judgment. Court found no evidence to support a denial based on impact on adjacent properties. Court also found no evidence that permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Court found that the denial was arbitrary.

Date
03-29-2013
Court
United States District Court for the Northern District of Illinois
Jurisdiction
United States
Plaintiffs
Defendants
Incident Location
DuPage County, IL
Disputed Act

Religious and educational institution purchased property with the intent to build a structure at which to conduct its regular activities. Neighbors objected based on noise and light pollution concerns. Institution alleged religious discrimination after County denied the conditional use permit for the property. Institution and County both moved for summary judgment.

Holding
The Court found there is no evidence to support a denial based on impact on adequate supply of light or air to adjacent properties. The Court also found no evidence that the permit was denied on religious grounds; however, the denial substantially burdened the plaintiff's religious exercise. Finally, the Court found that the denial was arbitrary because it did not comply with relevant zoning criteria.