Haven Shores Community Church v. City of Grand Haven, Michigan

In a consent judgment signed by U.S. District Judge David W. McKeague on December 20, 2000, the City of Grand Haven, Michigan agreed that a small local storefront church could occupy a storefront after all. It was the first case decided under terms of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA).

Haven Shores Community Church, which had been holding Sunday services temporarily at a local high school while seeking a permanent home, signed a lease for a storefront property at a shopping center in Grand Haven, Michigan at the end of May, 1999. But when Rev. David Bailey went in to apply for building permit to modify the space, he was told by city officials that religious meetings and worship were not permitted at that location under city zoning laws.

In fact, Grand Haven's zoning ordinance for the "B-1 Community Business District" specifically allows "private clubs," "fraternal organizations," "lodge halls," "funeral homes," "theaters," and "assembly halls, concert halls or similar places of public assembly."

Rev. Bailey tried every available avenue in an attempt to persuade the city that a church was obviously a "place of public assembly" that could occupy property in the B-1 district, but was rejected by the Office of Public Safety, the Zoning Board of Appeals, the Planning Commission and finally, even the City Council.

On March 13, 2000, the Becket Fund filed suit against the city on behalf of the church, charging that the city had violated their constitutional rights to freedom of speech, religion, assembly, due process and equal protection of the laws.

Federal District Court Judge David W. McKeague held a hearing in the case on March 27, 2000, and another hearing on April 20. He took the case under advisement, and indicated he would issue a ruling soon.

On March 31, the owners of the South Village Plaza shopping center informed Rev. Bailey that they were unable to extend the opportunity to lease the vacant space beyond that date. In a brief filed with the court, the City claimed that this development rendered the case moot. In a reply brief filed on April 14, The Becket Fund noted that discussions involving other vacant space in the shopping center were under way, and that the case was very much alive and ripe for review by the court.

On September 26, The Becket Fund filed an amended complaint in the case, adding two counts seeking relief under the just-signed Religious Land Use and Institutionalized Persons Act (RLUIPA). It was one of the first actions filed under the new law, which was signed by President Clinton on Friday, September 22, 2000. Detailed additional information about the new law can be found on The Becket Fund's new web site devoted entirely to RLUIPA.

Attorneys for The Becket Fund and the City of Grand Haven agreed to terms of a consent judgement that settled the case in favor of the Haven Shores Community Church, and it was approved by Judge David W. McKeague on December 20, 2000.

Articles & News Items

• "Becket Fund Wins First Case Under New Law," November 30, 1999
• "Judge Defers Decision in Grand Haven Church Case," March 27, 2000
• "Hearing Held in Haven Shores Community Church Case," April 20, 2000