Victory in Calvary Chapel O'Hare's fight for equal treatmentSep 6, 2002
A lawsuit against the Village of Franklin Park, Illinois was formally dismissed
today, following a settlement in which Calvary Chapel O'Hare achieved its goal
of winning equal treatment with non-religious uses in commercial districts.
The suit was filed by the small non-denominational church on May 9, 2002. It
charged that Franklin Park's zoning ordinance violated both the U.S. and Illinois
Constitutions and the federal Religious Land Use and Institutionalized Persons
Act (RLUIPA) and the Illinois RFRA, because it permitted scores of assembly
uses in the C-3 zoning district, but not religious worship.
Over the summer, Franklin Park changed its zoning code so that all forms of
assembly—including religious worship—were treated alike. All such
uses are now conditional, and churches may apply for a conditional use permit
on an equal basis as other non-religious assemblies and institutions.
A settlement agreement (PDF format, 19K) signed this week by Village Mayor
Daniel Pritchett and Calvary Chapel O'Hare Pastor Jeff Deane stipulates that:
the church will now file a petition for a conditional use permit to use the
Grand Bowl property at 10040 Grand Avenue as a church by September 30; that
the Franklin Park Zoning Board of Appeals will hold a hearing on the application
within 60 days; and that the Village Board will then take action on the ZBA's
recommendation not more than 28 days after that. The Village promises to review
the church application "in good faith and without regard to the Church
having filed [its] lawsuit," and Calvary Chapel O'Hare agreed to dismiss
the lawsuit.
"The Village of Franklin Park should be commended for the way it responded
to this suit," Becket Fund Litigation Director Roman Storzer said today.
"It took the challenge to its zoning ordinance seriously, and quickly took
steps to bring its provisions within constitutional limits, which require it
to treat churches and other religious assemblies on an equal basis with other
non-religious assemblies. Calvary Chapel O'Hare will now be treated the same
as any other similarly situated groups, and that's exactly what we sought in
filing this suit."
A complete description of the case, and links to various court documents, can
be found on the Becket Fund's websites, www.becketfund.org and www.rluipa.com
. Calvary Chapel O'Hare was represented in the lawsuit by The Becket Fund and
by local counsel Timothy P. Dwyer, of St. Charles, IL.
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