On December 30, 2022, a district court dismissed a Catholic high school’s RLUIPA challenge, granting summary judgment on all claims in favor of the City of Madison, Wisconsin and various other city officials (the City). As ruled by the court, the City did not discriminate against Edgewood High School of the Sacred Heart, Inc. on the basis of religion when it denied Edgewood’s latest conditional use permit application for outdoor lighting at the school’s athletic fields. Edgewood’s attempt to install outdoor lighting in order to use its own fields at night, instead of using a field located a 15-minute drive east of its campus, proved unfruitful.

The court first ruled that Edgewood could not establish a violation of RLUIPA’s equal terms provision.  In the crucial absence of any evidence that the City treated a similarly situated secular school more favorably (i.e., by allowing outdoor lighting for athletic fields), Edgewood could not establish that it was discriminated against on the basis of religion. The court noted the complete dearth of evidence that the City acted with religious animus.  Rather, in upholding the Plan Commission’s denial of Edgewood’s conditional use permit application, the Common Council relied on the neighbors and neighborhood associations’ testimony and sound studies. These studies showed that the proposed addition of lights and sound equipment would greatly increase the noise levels, which were already deemed to be excessive and disturbing. The court agreed that the Common Council’s reference to noise and light disturbances, in addition to the potential detrimental effect on property values and the existing doubts regarding Edgewood’s ability to comply with suggested limits, constituted substantial evidence supporting the Common Council’s ultimate decision on appeal.    

Edgewood’s substantial burden claim fared no better.  The court stated: “Even if the court were to assume that night football (as opposed to a variety of sports conducted in gym classes and at practices) is an important element of Edgewood’s religious exercise, which is certainly not a given, plaintiff offers no evidence that it is substantially burdened by having to play night home games at a different field.” The court also rejected Edgewood’s free speech and free exercise claims.

Beyond the resolution of the RLUIPA issues, the permitting background leading to Edgewood’s filing of the complaint should also serve as a cautionary tale for both religious and secular institutions. When the City of Madison enacted Campus-Institutional Districts in 2013, existing educational institutions were given the choice to adopt a Master Plan or remain subject to their existing zoning district. Edgewood chose to participate and filed its Master Plan in 2014. While the Master Plan identified the existing athletic field use as an “athletic field owned by Edgewood High School [and u]sed for team practices, physical education classes,” it missed the opportunity to expand the description to anticipate greater use of the field. For instance, it could have described the field as a “major event facility” like UW-Madison [a secular school] had done in its own Master Plan for its tennis stadium or considered adding the possibility of the field’s expansion in any proposed developments description in the Master Plan. This unfortunately proved to be a costly error for Edgewood, as evidenced in the court’s decision.    

The decision in Edgewood High School of the Sacred Heart, Inc. v. City of Madison, No. 21-CV-118-WMC, 2022 WL 18024626 (W.D. Wis. Dec. 30, 2022) is available here.

Photo of Evan Seeman Evan Seeman

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of…

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of an amicus curiae brief at the petition stage before the United States Supreme Court in a RLUIPA case entitled City of San Leandro v. International Church of the Foursquare Gospel.

Evan serves as the Secretary/Treasurer of the APA’s Planning & Law Division. He also serves as the Chair of the Planning & Zoning Section of the Connecticut Bar Association’s Young Lawyers Section, and is the former Co-Chair of its Municipal Law Section. He has been named to the Connecticut Super Lawyers® list as a Rising Star in the area of Land Use Law for 2013 and 2014. He received his B.A. in political science and Russian studies (with honors) from Trinity College in Hartford, Connecticut, where he was selected as the President’s Fellow in the Department of Modern Languages and Literature. Evan received his Juris Doctor at the University of Connecticut School of Law, where he served on the Connecticut Law Review. While in law school, he interned with the Connecticut Office of the Attorney General in the environmental department, and served as a judicial intern for the judges of the Mashantucket Pequot Tribal Court. Following law school, Evan clerked for the Honorable F. Herbert Gruendel of the Connecticut Appellate Court.

Photo of Madeleine Laffitte Madeleine Laffitte

Madeleine Laffittee brings extensive real estate legal knowledge to her practice. She was a summer associate of the firm, with a focus on several areas of real estate law and litigation, including legal research and the drafting of motions, legal memoranda, and letters…

Madeleine Laffittee brings extensive real estate legal knowledge to her practice. She was a summer associate of the firm, with a focus on several areas of real estate law and litigation, including legal research and the drafting of motions, legal memoranda, and letters to firm clients advising on changes to the law. Madeleine gained valuable practical exposure working across a number of the firm’s practice groups, including Real Estate + Development, Business Litigation, Construction Law, Environmental, Energy + Telecommunications, and Insurance + Reinsurance. She also took part in the firm’s transactional academy courses, mock trial offerings and other enrichment activities. View her complete bio on rc.com.