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Regulating Hate Through Zoning


Session Description:

  Using the national headline story of the hate group that sought a permit to set up shop in an old Lutheran church in Murdock, Minnesota as a backdrop, we will cover the legal issues municipality must consider if they find themselves in this situation. In a back-and-forth Q & A style format, we will discuss First Amendment implications, additional RLUIPA concerns if the hate group says it is a religious organization, preparing for potential litigation, and best land use practices generally to mitigate the issue without litigation.


Who Should Attend? 

  • Attorneys and other professionals who work in municipal and government law
  • Attorneys and other professionals who work in land use/ zoning law
  • Attorneys and other professionals who litigate against government entities

What will you learn? 

  • How the First Amendment intersects with land use decisions
  • The additional risks in land use decisions involving a religious organization
  • Litigation strategies if the municipality denies a permit or variance to a hate group
  • Other ways a municipality can create a welcoming atmosphere even if a hate group moves in

Joshua P. Devaney, Kennedy & Graven, Chartered
Jessica E. Schwie, Kennedy & Graven

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