Friday, December 30, 2011

Zoning Settlement Reached With Unitarian Church

City officials in Wayzata, Minnesota have negotiated a settlement in a RLUIPA lawsuit filed against the city last year by the Unitarian Universalist Church of Minnetonka which has been trying to get  3-acres of land rezoned so it can build a new church. According to yesterday's Minneapolis Star Tribune, the church argued that its rights under RLUIPA and the 1st Amendment were being violated by the city's restrictive zoning ordinance that allows churches in only one of 22 districts.Under the settlement, the city and its insurance company will pay the church $500,000 in damages and attorneys' fees and will help the church acquire two small adjacent parcels of land now owned by the Minnesota Department of Transportation. The church will drop its lawsuit and work through the city's normal application and permitting process. City council must still approve the settlement at its January 17 meeting. After the conference at which the settlement was worked out, Wayzata mayor Ken Wilcox released a statement (full text) which read in part: "We believe the law supports our position and the City has right to control the planning and zoning within its borders through its long-established Comprehensive Planning process. However, it became clear that ending this expensive and detrimental proceeding was in the overall best interest of the citizens of Wayzata."