The tiny borough of Rockleigh is waging a battle that many larger communities have lost: It's trying to block a religious congregation's building plans.
The dispute has reached the state's highest court, where a ruling could have ramifications far beyond the borough's borders.
Indeed, a Korean Catholic congregation's case against Rockleigh highlights a growing conflict between two cherished American principles: the right of communities to control their growth versus the free exercise of religion.
And in North Jersey, that conflict has sparked battles in several towns, including Clifton, Wayne, Hackensack, Haworth and Englewood. In the Morris County community of Rockaway Township, years of fighting are drawing to a close as the Planning Board last week signed off on a proposal to build one of the largest churches in the state.
Religious groups say the problem is simple: a subtle form of discrimination aimed at keeping out tax-exempt congregations.
"We left Europe for religious freedom, and now we have zoning ordinances that prevent the ability to practice your faith," said David C. Watkins, a lawyer for the church in the Rockleigh case. "It's more sophisticated, but it's still discrimination."
But town officials and residents involved in disputes say the problem isn't religion but traffic, parking and the prospect of an intrusive new development in already packed towns. In Clifton and Haworth, for example, religious congregations want to build churches alongside single-family homes in residential neighborhoods.
In the Rockleigh case, St. Joseph's Korean Catholic Church is seeking to build a 24,000-square-foot church on a vacant Paris Avenue lot -- a site once slated for an office building that the town had approved.
"We simply think it's the wrong use in the wrong location," said Kenneth C. Dolecki, the Planning Board attorney. "The negative impact outweighed the benefits of a house of worship."
The church sued and won in state Superior Court. But the Appellate Division sided with Rockleigh. A decision by the state Supreme Court is expected in 60 to 90 days.
The case is drawing attention because the church's lawsuit is based in part on a controversial and relatively recent federal law. The Religious Land Use and Institutionalized Persons Act of 2000 gives religious groups a powerful legal weapon.
The act says government agencies cannot pass land-use regulations that impose a burden on the free exercise of religion. Congregations that sue under the act can recoup their attorney fees at the expense of the governments they sue.
The law is making itself known in town after town nationwide.
In North Jersey, Hackensack had to pay nearly $30,000 to cover the legal bills of New Hope Baptist Church after a state judge reversed the city's denial of a church addition.
Englewood is facing a lawsuit, accusing it of depriving a synagogue of its religious rights because officials limited the use of a tent on the congregation's parking lot.
In Rockaway Township, the Planning Board was served with a lawsuit before it even voted on Christ Church's plan for a megachurch. "This law gives a house of worship more rights than any other type of developer," Mayor Lou Sceusi said. "And in some cases, they are using the law as a hammer."
But the pastor of Christ Church said Rockaway was trying to thwart the project early on, threatening to take the land through eminent domain. The Rev. David Ireland said that religious communities need the backing of a tough law to ensure a level playing field.
"We had no other recourse," Ireland said in a statement.
Beyond the public disputes about religion and land use, however, there's a demographic reality that, in New Jersey, is spawning new congregations. Growing up alongside venerable Protestant and Catholic congregations are rapidly expanding communities of Orthodox Jews, Muslims, Korean Christians and a diverse array of evangelical Protestant groups.
In Teaneck, for example, the township has received two proposals in the last two weeks from synagogues that want to expand.
The church in the Rockleigh dispute began nearly two decades ago with a handful of Korean-Americans. The congregation now has 650 to 700 parishioners and rents space from a Demarest parish.
But that growth scares Rockleigh. Town officials said the church would be at capacity before it even opened.
"I'm afraid it would be a white elephant," Rockleigh Mayor Nicholas Langella said. "What happens if they decide to move out after a few years? Are they going to lease it to someone?"
Rockleigh, a wealthy community of horse farms and historic Dutch Colonial homes, hasn't had much experience with religious groups. There isn't a single freestanding house of worship in the borough's one square mile.
The borough allows them only in one zone -- a district in which every square inch of land is owned by government agencies.
A pastor for St. Joseph's said parishioners are taking it in stride. With its numbers burgeoning, he said the parish has time on its side.
"People don't see it as something that can break our backs or really make us," said the Rev. Jungsoo Kim. "They see it as just part of the process.
"Our parish is stronger than a lot of religious communities today, and people are grateful for that." * * *
Towns vs. churches
Rockleigh: St. Joseph's Korean Catholic Church is seeking to build a sanctuary on a vacant tract off Paris Avenue. The case is now before the state Supreme Court.
Haworth: St. Gabriel's Orthodox Church has proposed building a church on Sunset Avenue. A state judge nullified the Planning Board's approval and said the plan must be heard by the zon- ing board. The church is appealing.
Hackensack: New Hope Baptist Church of First Street has been trying for years to build a 12,000-square-foot family life center. The Planning Board has twice rejected the plan, but the church has obtained reversals in state Superior Court and the Appellate Division of Superior Court.
Englewood: The East Hill Synagogue filed a federal lawsuit against the city in response to a move by the Planning Board to limit the use of a tent in the temple's parking lot.
Wayne: A Paterson-based Islamic group wants to build a mosque on an 11-acre tract at Colfax Avenue and Hamburg Turnpike. Township officials want to preserve the site as open space. The mosque has filed a federal suit in response.
Clifton: The House of Fire Church wants to build a sanctuary amid a residential block on Grove Street. The city Board of Adjustment rejected the plan, but the congregation successfully appealed to Superior Court. The project is expected to go back to the board for further review.
Rockaway Township: After years of battle, the Planning Board has approved Christ Church's plan for a megachurch – a somewhat scaled-down version of the original plan. The project includes a 2,500-seat sanctuary and a school for Grades K-5.
It just goes to show that just because we do not have any balls does not mean that other towns don't. Essentially, we live in a politically impotent township.
Of course, I must admit that kicking the hell out of a legitimate religion like Roman Catholicism is totally acceptable in our society - - - as a matter of fact, I think that it is generally considered to be "good sport". On the other hand, don't even thing about asserting oneself upon a "helpless" non-denemonational, inner city business run by a charleton that is a church in name only.
