Friday, November 04, 2011

Mormon Church Sues Texas City To Challenge Denial of Zoning Permit

The Mormon Church last week filed a federal lawsuit against the city of Mission, Texas, challenging its refusal to grant a conditional use permit for a new church building that was needed to alleviate the inadequate space currently available for local church members to worship. The complaint (full text) in Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. City of Mission, (SD TX, filed 10/31/2011), alleges that the city arbitrarily imposed a super-majority City Council voting requirement for approval of the permit, and that  one member of City Council should have abstained from voting because of a conflict of interest. The suit claims violations of RLUIPA, the Texas Religious Freedom Restoration Act, and free exercise and due process provisions of the Texas and U.S. Constitutions. Yesterday's Rio Grande Valley Monitor reported on the lawsuit.