Jury rules against Wyoming church in zoning dispute
By The Associated Press 06.19.03
CHEYENNE, Wyo. — A federal jury has sided with the city of Cheyenne in denying a church’s application to establish a large day-care center in a residential neighborhood.
The jury decided June 17 that the city did not violate Grace United Methodist Church’s religious rights in denying a zoning variance that would have allowed the day-care center.
After about four hours of deliberation, the seven women and one man on the jury also decided that the church’s proposal for the day care violated its neighborhood’s covenants, which restrict use in the low-density, residential area.
“We never felt the city did anything to inhibit anybody’s exercise of religion, and that’s what they (the jury) found,” said Stephen Kline, attorney for the city.
Sam Ventola, the church’s lawyer, said he might file a motion for a new trial in the next 10 days.
The trial, which lasted six days, stemmed from the church’s 2001 proposal to build an expansion and provide day care for up to 100 children from 6 a.m. to midnight on weekdays.
Nearby residents voiced concerns that the center would increase traffic levels and harm property values.
In April 2001, the city’s Board of Adjustment denied the church’s zoning variance request that would have given a green light to the center’s construction.
The church sued, saying the denial violated its rights under the federal Religious Land Use and Institutionalized Persons Act.
The trial was believed to be among the first jury tests for the federal law.
Immediately following the verdict, the church’s pastor, the Rev. Jon Laughlin, said he was disappointed and confused by the jury’s decision.
“The real losers in this case are not the church or the city,” he said. “It’s the kids and the parents. There is still no day care in Cheyenne today open past 6 p.m.”
Laughlin said the church will not consider building a day care in another location, primarily because the available locations with the proper zoning are not appropriate places for children.
“It only makes sense for us to build on our own property,” he said. “It’s about stewardship.”
Mayor Jack Spiker, who sat with the city’s attorneys while the verdict was issued, said that if an appeal is filed, a representative of the National League of Cities has said that organization will help the city with legal fees.
That is due to concerns about a precedent the case could set regarding the federal land-use law and its relation to zoning.
During closing statements June 16, Kline said a decision in favor of the church could throw zoning and planning laws out the window whenever religious beliefs are involved.
City attorney Mike Basom said he was not sure how important the case was in terms of setting a precedent.
Related
Zoning still constricts some houses of worship Scattered cases may test constitutionality of the Religious Land Use and Institutionalized Persons Act, which exempts religious groups from most local zoning rules. 04.14.02
I just spoke with the National League of Cities (out of Washington D.C.) The person I need to speak with was out of the office. I left a voice mail for her, after I get some information, I will forward it......