Central Oregon is truly beautiful. Among the varying landscapes, the interesting cities, the Cascade Mountains and the beauty of Mt. Hood is a little city in the center of the state called Sisters.
Our clients, John & Stephanie Shepherd have lived in Sisters for many years and have been called to lead a ministry out of their home. In addition to weekly religious services, the Shepherds offer a Christian based wedding ministry based on the a sincerely held religious belief that their calling is to minister to both those within the church and those without, including strengthening the family through marriage and family counseling, through nurturing and encouraging marriage and weddings and by showing the love and hospitality of Jesus Christ. The Ministry of Hospitality is based on biblical references where the very first miracle performed by Jesus was at the wedding at Cana. John 2:1-11 (NIV).
Given the paucity of Churches in the area, John Shepherd, ordained through the Evangelical Christian Fellowship, attempted to open his home for a small group to assemble, worship and pray together four years ago. Deschutes County allowed the Shepherds to have its ministry.
However, an aggressively anti-church group called Central Oregon Land Watch, mocked, ridiculed and denounced Shepherd’s ministry based solely on its belief as to what an “acceptable” religious activity is. Landwatch also argued that the Church is in the way of a migratory pattern of deer and could potentially harm them. As shown in the picture below, the deer would have to jump up 300 feet up a bluff to reach the house, then jump down 300 feet, to migrate on the portion of land where the Church is located.
The County quickly dispensed of their arguments, affirming the judicial understanding that in determining whether an individual’s beliefs are entitled to First Amendment protection. Here, Shepherd’s beliefs are based on 2000-year-old Biblical references acknowledged by billions of people around the world. They believe that hosting a wedding includes allowing the wedding party to set up, rehearse the ceremony, eat together at a rehearsal dinner, stay together in a group overnight, attend the wedding, celebrate the wedding at a reception, and clean up.
This case was widely reported, both locally in the Bend Bulletin (here and here) both also regionally in the Seattle Times and nationally in the U.S. News and World Report.
The case is far from over as there has been six appeals to date by Landwatch – three to the Oregon Land Board of Appeals and three to Oregon Court of Appeals three times. However, the decision of the County is in approving the use of the land for church services, weddings, and receptions is grounded well in law and should be affirmed. The four-year land use battle should be over, soon.
We are honored to represent John & Stephanie Shepherd and Shepherdsfield Church in this important and strategic land use application. If you are having land use issues with your local government, please do not hesitate to contact one of the professionals at Dalton & Tomich, PLC. We would love to walk with you through your case.
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
Read MoreDalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
Read MoreThe Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreDalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
Read MoreDalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
Read MoreDalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreI met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
Read MoreMr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
Read More