DOJ Closes RLUIPA Investigation After Church Obtains Zoning Approval
On March 5, the Civil Rights Division closed its investigation of whether Rockaway Township, New Jersey violated the rights of a church under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The investigation focused on the townships treatment of Christ Church of New Jersey, which had applied for a conditional use permit to build a sanctuary, offices, classrooms, and related facilities, including a parking deck. While the Divisions investigation was pending, the church and the town reached an agreement that will allow the church to proceed with construction. Christ Church, a predominantly African-American congregation in the Township of Montclair, had outgrown its facilities. After an extended search for a new location, it contracted to purchase an abandoned manufacturing facility in Rockaway Township and submitted a permit application to the towns planning board in December 2003. For nearly two years, the planning board held dozens of hearings to consider the proposal. In the meantime, in March 2005, the town passed an amendment to its zoning ordinance prohibiting multi-story parking decks anywhere in the town. In April 2005, the church filed a federal lawsuit against the town.
In October 2006, the planning board approved Christ Churchs proposal, subject to a number of conditions, including a prohibition on Friday and Saturday services. After extended negotiations, the town agreed to modify the conditions. The churchs lawsuit against the town was resolved by a settlement in February 2007.
Since 2001, the Civil Rights Division has reviewed more than 120 cases involving RLUIPA and has opened 30 full investigations. These have included investigations involving Christian, Jewish, Muslim, Hindu and Buddhist houses of worship and religious schools. Many of these have been resolved out of court through voluntary modification of potentially discriminatory zoning regulations. The Division also has filed four RLUIPA lawsuits. More information about RLUIPA can be found on the Civil Rights Divisions Housing and Civil Enforcement Section homepage or at www.FirstFreedom.gov.
I do not know why but I am amazed that yet again a Christian publication would print lies, outright lies. The Judge DISMISSED the suit, there was no settlement, there was no agreement simply a dismissal. Can you say DISMISSAL... it has a legal meaning and it does not mean that anything was gained by the actions of CC only that the judge sent them packing.
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The truth wins out over slick PR and personal attacks.
The Christ Church Plan for the redevelopment of 140 Green Pond Rd is just too big for the area.
No it is not true, there will be no parking decks in the twp built in the future as per the ordiance. Just more misleading information on behalf of a house of worship - sad but true.
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The truth wins out over slick PR and personal attacks.
The Christ Church Plan for the redevelopment of 140 Green Pond Rd is just too big for the area.