Lawsuit filed against Michigan town that ruled a church is not a churchApr 1, 2003
The Great Lakes Society, a religious group that ministers to people with chemical
sensitivities and the disabled, today filed suit against Georgetown Township,
charging violations of its own zoning law as well as the U.S. and Michigan Constitutions
and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA").
The lawsuit, filed in Ottawa County Circuit Court, appeals the Township's denial
of the Society's application for a special use permit so that it could build
a new church on its property at 7277 40th Avenue.
The Great Lakes Society applied for the SUP on April 17, 2002, and "the
Planning Commission's initial response . . . was favorable because, among other
things, it was in compliance and 'well prepared.'" Less than a month later,
however, the Zoning Administrator unilaterally pulled the matter from a public
hearing before the Planning Commission because, as she said in a letter dated
May 8, "I am making the determination that the proposal as submitted for
this site is not, in fact, a church for purposes of the Georgetown Township
Zoning Ordinance." The ordinance contains no definition of "church."
The Society took the case to the Zoning Board of Appeals, and in a memo to
ZBA members, the Zoning Administrator stated that she did not question that
"Great Lakes Society is a church," but questioned whether "the
building as proposed on the site plan is a church." The Appeal and Complaint
filed today notes that "the entire main floor of the proposed building
provides a sanctuary for the regular and predominant use of the building as
a place for public worship, prayer, study and meditation. The remainder of the
proposed church building . . . provide[s] additional and necessary space for
conducting church related services and ministries including a youth ministry,
education, counseling and publishing, typical services provided by churches."
Throughout its year-long effort to win zoning approval, the Society has faced
serious animosity, according to the complaint. "First, the Township arbitrarily
decided that the Society is not a church. Then it refused to accept a supplemental
application. Then it changed its laws to gerrymander the Society out of Georgetown
Township. And all along the way, the Township has exhibited hostility towards
the Society."
Two years ago, The Becket Fund successfully represented another area church,
Haven Shores Community Church, in its RLUIPA lawsuit against Grand Haven. It
became the first federal court victory under the new law, which was signed by
then-President Clinton on September 22, 2000. The church is also represented
by Grand Haven attorney John Karafa. Today's filing is available on line at
www.becketfund.org and www.rluipa.com .
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