Court Requires Church To Comply With Amended Zoning Law

Last week, in City of Elgin v. All Nations Worship Center, (IL App. Ct., Dec. 20, 2006), an Illinois appellate court upheld the city of Elgin's attempt to amend its zoning ordinances to avoid problems under RLUIPA and under the First Amendment. After All Nations Worship Center challenged Elgin's total ban on churches in areas zoned for business, the city amended its ordinance to permit churches to obtain conditional use permits in those areas. The church however claimed that since its judicial challenge was filed under the old ordinance-- that it says was invalid-- it acquired a vested right to operate without applying for a permit under the new law. The appellate court disagreed and upheld the lower courts dismissal of the church's counterclaim that challenged the old ordinance. Yesterday's Elgin Courier News reports on the decision.