Popular New Jersey church sues Pennsauken and Camden CountyFeb 16, 2005 Charges planned use of eminent domain violates right to religious exercise A 6,000-member, 20-year-old New Jersey church filed suit in federal court yesterday, charging that Pennsauken Township, Camden County, and the Camden County Improvement Authority are violating the United States and New Jersey Constitutions and the Religious Land Use and Institutionalized Persons Act (RLUIPA) by attempting to seize the church by eminent domain.
The Becket Fund for Religious Liberty—an international, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions—has joined the team of lawyers representing Living Faith Ministries in this suit. The vibrant, predominantly African-American religious community has been growing at a rate of 30% annually. In 2002, Living Faith bought the South Jersey Expo Center property after a two-year search that turned up no other suitable alternatives.
“Despite the Redevelopment Authority's wishes, a vibrant church ministering to thousands of people serves the public good at least as well as luxury condos,” declared Roman P. Storzer, Of Counsel to The Becket Fund. “And to tear down Living Faith's church in order to get a few more tax dollars ignores this country's long tradition of religious freedom.”
The Authority, the complaint remarks, “seeks to seize Living Faith’s Church to demolish it and transfer the property to a private developer for the purpose of building private residential units.” This is not a “public use,” such as a park or highway, so the taking would violate the Fifth Amendment. The Pennsauken Township has already acknowledged that the church would be a beneficial use to the community, with no negative impact on the neighborhood or surrounding businesses.
“Living Faith’s outreach to the community is provided through 27 specialized ministries that are dedicated to improving the lives of all within the larger community in accordance with the vision of the Church,” the complaint says. Living Faith holds several weekly religious services, fellowship programs, Bible study, and youth ministries, and a television show titled “Faith Speaks.”
“The county’s redevelopment plan permits assembly for nonreligious purposes, such as sports arenas, convention centers, and restaurants,” Storzer notes. “Eliminating Living Faith’s religious assembly use is unfair discrimination based solely on religion, and a violation of the congregation’s constitutional right to practice its religion.”
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