DOJ Stands with Summit Church for Fair Land Use Rights
Location: Durham, N.C.
Description:
The Summit Church filed a federal lawsuit against the local County Board of Commissioners, in Durham, N.C. after the board denied their rezoning request for a new building. The zoning board denied the church’s request to rezone the county, prior to the lawsuit, stating that The Summit Church’s request was not consistent with the county’s land conservation and development plan. The board concluded that it would not meet the standards for diversity in tax revenue or high-quality jobs for the area. This building would house a new worship facility.
Interestingly, this has sparked interest from the Department of Justice in support of the church. The DOJ submitted a letter in support of Summit Church with the legal basis of the Religious Land Use and Institutionalized Persons Act (RLUIPA). This act was written to "protect individuals, houses of worship and other religious institutions from discrimination in zoning and landmarking laws." Read more HERE.
The Religious Land Use and Institutionalized Persons Act (RLUIPA), enacted in 2000, prohibits state and local governments from imposing land use regulations that substantially burden religious exercise and/or discriminate against religious institutions unless the government provides ample justification. It is enacted to protect churches, religious schools, and individuals from discriminatory zoning and landmarking laws, ensuring equal treatment between religious and nonreligious assemblies. This protection is extended under the First Amendment of the constitution. It prevents unreasonable limitations on religious use of property.
Summit Church told the Biblical Recorder that the County Board’s rejected their request, claiming that the church size was too big while approving of commercial and retail developments within 3 mi of the proposed church site. This is seen by Summit Church as a violation of their constitutional rights to freely exercise their religion.
The board’s vice chair, Karen Howard, stated the new building “just seems like a really big, brand new megachurch looking for a place to go, and it feels like a really poor fit for what we are envisioning,” according to the Biblical Recorder. The proposal of the church building included plans for a 82,000 square-foot church building that seats approximately 1,200 with two other possible on-site buildings. The lawsuit suggests this denial is inconsistent with previous board policy, making it discriminatory.
Impact:
RLUIPA ensures religious centers of worship are not discriminated against because of their faith to deny religious organizations above secular ones.
RLUIPA empowers religious houses of worship and other entities can legally contest land use decisions that limit their operations unfairly or exclude them from suitable locations in order to promote fair accommodations.
Local governments must avoid imposing regulations that hinder a religious organization from practicing their faith through zoning request denials and restrictive permitting practices.
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