ADF lawsuit against Ga. county just latest in long line of zoning abuses against churches
Coweta County denied expansion permit to church even though it met all requirements
Tuesday, Feb 15, 2011
NEWNAN, Ga. — Attorneys with the Alliance Defense Fund filed suit Friday against Coweta County on behalf of a church denied an expansion permit even though it met all of the requirements and even though many other churches have had their permits approved. Officials have been silent about their rationale for the denial, which came as the result of a 3-2 county board vote despite a recommendation by the Coweta County planner that the conditional use permit be granted. The case is just the latest in a long line of zoning abuse cases being handled by ADF attorneys.
“No church should be singled out for discrimination in a city’s zoning decisions, especially when the church has met all of the qualifications for a permit,” said ADF Senior Legal Counsel Erik Stanley. “Even the county planner recommended approval. No objective reason exists for denying the permit.”
In November 2009, All Souls Church of God in Christ filed an application with the county for a conditional use permit to build a church facility on a five-acre tract of rural land it purchased. The following month, the Coweta County planner recommended approval of the permit. The recommendation stated that “the proposal should not have any adverse affect on aesthetic values of the surrounding area…, [and] the proposed use is compatible with land use goals for the area….”
“This is exactly why Congress passed a law to protect churches from arbitrary and subjective zoning decisions,” Stanley explained. “Churches must not be subjected to the whims of politicians or the political pressures of the day when they apply for approval to build a place of worship.”
ADF attorneys filed the suit, All Souls Church of God in Christ v. Coweta County, in the U.S. District Court for the Northern District of Georgia, Newnan Division. The complaint cites violations of the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act, a federal law that prevents zoning officials from singling out churches for discriminatory treatment.
ADF has been in numerous lawsuits involving local governments that have provided no avenue for churches to build or expand. Three recent examples:
“No church should be singled out for discrimination in a city’s zoning decisions, especially when the church has met all of the qualifications for a permit,” said ADF Senior Legal Counsel Erik Stanley. “Even the county planner recommended approval. No objective reason exists for denying the permit.”
In November 2009, All Souls Church of God in Christ filed an application with the county for a conditional use permit to build a church facility on a five-acre tract of rural land it purchased. The following month, the Coweta County planner recommended approval of the permit. The recommendation stated that “the proposal should not have any adverse affect on aesthetic values of the surrounding area…, [and] the proposed use is compatible with land use goals for the area….”
“This is exactly why Congress passed a law to protect churches from arbitrary and subjective zoning decisions,” Stanley explained. “Churches must not be subjected to the whims of politicians or the political pressures of the day when they apply for approval to build a place of worship.”
ADF attorneys filed the suit, All Souls Church of God in Christ v. Coweta County, in the U.S. District Court for the Northern District of Georgia, Newnan Division. The complaint cites violations of the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act, a federal law that prevents zoning officials from singling out churches for discriminatory treatment.
ADF has been in numerous lawsuits involving local governments that have provided no avenue for churches to build or expand. Three recent examples:
- In Minnesota, ADF filed suit against the city of Medina for manufacturing a zoning district specifically to prevent a church from expanding. The lawsuit is ongoing.
- In Michigan, ADF filed suit against the city of Hazel Park for prohibiting a church from renting a vacant banquet hall and leaving the church with no ability to locate anywhere else. The city agreed to a court order that allows the church to rent the banquet hall.
- Also in Georgia, ADF filed suit against the city of Avondale Estates for stopping a church from meeting on its leased property--forcing the church to meet at ill-suited temporary locations that change weekly, resulting in plummeting attendance. The lawsuit is ongoing.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.