Celebration Church, a Christian Reformed Church located in Muskegon, Michigan finally had a home—or so they thought. The Church, which had opened its doors a few years prior, had worshiped in a high school gym since its inception while growing to several hundred members, necessitating more space. In late 2007, Celebration found just that—a property zoned B-4, which had originally served as an automobile dealership and now was permitted for a religious use through a special approval land use permit. The City planning staff recommended the approval of the proposed use as it met all of the requirements of the City Zoning Ordinance. However, upon examination by the Planning Commission in December 2007, the special land use permit was denied, with the Commission citing, most prominently, potential loss of property tax revenue. The decision was affirmed the following month.
Our firm initiated a law suit, on behalf of the Church, challenging the constitutionality of portions of the City of Muskegon Zoning Ordinance. Celebration Church alleged that the Zoning Ordinance- both on its face and as applied to it- violated the First and Fourteenth Amendments to the United States Constitution, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), and the Michigan Constitution. In particular, the Church contended that the Code’s discriminatory treatment of religious uses violated its constitutional rights to the free exercise of religion, freedom of speech, association and assembly, and equal protection of the laws. As a result, the Church argued that it would suffer irreparable harm unless the City was immediately enjoined from enforcing its discriminatory Zoning Ordinance against the Church.
Immediately after the suit was filed, the City’s attorney sought to engage in immediate settlement discussions. The Church agreed, resulting in mediation with the United States District Court Magistrate. The issues at mediation were fairly clear. The City agreed to allow the Church the appropriate land use they were seeking, as well as pay appropriate damages and attorney fees.
Dalton & Tomich, PLC is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. We have helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.
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I 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 More
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