Hearing Held in Haven Shores Community Church CaseApr 20, 2000
(Lansing, Michigan) — U.S. District Court Judge David W. McKeague heard arguments in the case of Haven Shores Community Church v. City of Grand Haven, Michigan for several hours this morning, and then indicated that he would take the matter under advisement and issue a ruling sometime soon.
The lawsuit was filed on behalf of the church by The Becket Fund for Religious Liberty on March 13. Haven Shores Community Church had signed a lease for space in Grand Haven's Village Plaza shopping center in May of last year, but city officials refused to issue a building permit for modification of the space, and informed the pastor, Rev. David Bailey, that churches were not allowed in the B-1 zoning district.
The zoning ordinance does not explicitly rule churches either in or out of the B-1 district, however, and allows a wide variety of similar uses, including "fraternal organizations," "lodge halls," and "similar places of public assembly." Becket Fund President and General Counsel Kevin J. Hasson argued today that the city is unconstitutionally discriminating against the church simply because of its religious nature.
The Becket Fund has moved for a preliminary injunction that would require the city to allow the church to occupy space in the B-1 district, and for summary judgement in the case. Several weeks ago, on March 31, the owners of the shopping center informed Rev. Bailey that they were unable to extend the opportunity to lease the original storefront property beyond that date. But since then, they have discussed the possibility of offering alternate space in the same shopping center.
Hasson noted that "Judge McKeague clearly understands the case very well, and we look forward to a ruling in the case as soon as his schedule permits."
Further information, including the text of all of the briefs filed with the court by The Becket Fund, can be found on the organization's web site, at www.becketfund.org. Relevant Cases
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