Saturday, December 20, 2008

City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer

After months of negotiations (see prior posting), under pressure from the Illinois Counties Risk Management Trust (ICRMT), its insurer, Carlinville, Illinois City Council has finally approved an agreement settling a lawsuit brought against it by the Carlinville Southern Baptist Church. The Southern Baptist group wants to use a former Wal-Mart building, zoned for commercial use, as a church, and sued under RLUIPA as well as the 1st and 14th Amendments when it was refused permission to do so. According to Friday's Alton (IL) Telegraph, last Monday, City Council implemented the settlement by adopting an ordinance granting a special use permit to the church. The church will receive a check from ICRMT for $125,000. Interestingly, the city itself will receive from ICRMT a check for $50,000 to compensate it for its loss of economic development opportunities. The $50,000 might be used to explore forming a tax increment financing district in Carlinville.