Michigan Church Wins Zoning Challenge In Settlement

Alliance Defense Fund yesterday announced a settlement in Celebration Community Church v. City of Muskegon, (WD MI, filed March 2008) (full text of complaint). Celebration Church challenged the city's denial to it of a special use permit so it could use a former automobile dealership it purchased as a church. The city cited loss of property tax revenue, adverse impact on bars located nearby, and incompatibility with the surrounding area as reasons. However the Liquor Control Commission said that the church would not impact the license of an existing nearby bar. The city did not require special use permits for non-religious assembly uses in areas zoned general business. The suit alleged that the denial infringed its free speech, free exercise, equal protection and due process rights under the U.S. and Michigan constitutions and its rights under RLUIPA. The court directed the parties into mediation, and they reached a settlement under which the church would be permitted to use the property for religious purposes. Muskegon City Council approved the settlement on June 24.