What is the proper test for a RLUIPA equal-terms claim?

QUESTIONS PRESENTED Petitioner Tree of Life Christian Schools is a private school that assists parents and the Church in educating and nurturing young lives in Christ. Hampered by multiple campuses in old buildings, Tree of Life purchased a large building in the City of Upper Arlington, Ohio. Though the City’s zoning code allowed nonprofit daycares, hospitals, out-patient surgery centers, periodicals, and offices as-of-right, the City refused to allow Tree of Life to operate the property as a religious school. After unsuccessfully requesting a conditional use permit and rezoning, Tree of Life sued under the Religious Land Use and Institutionalized Persons Act’s (“RLUIPA”) equalterms provision. The circuits are in disarray on the proper test for a RLUIPA equal-terms claim. The Sixth Circuit departed from RLUIPA’s text and the Second, Tenth, and Eleventh Circuit’s standards by requiring Tree of Life to show that the City provided not just a nonreligious assembly or institution with more favorable zoning treatment, but also that Tree of Life would serve the City’s zoning interest in generating tax revenue equally well as that secular comparator. In so doing, it sided with varying equal-terms tests developed by the Third, Fifth, Seventh, and Ninth Circuits. The questions presented are: 1. What is the proper test for a RLUIPA equalterms claim. 2. Whether Tree of Life established a facial or asapplied equal-terms violation here.