By First Liberty Institute
Richmond, Virginia (First Liberty Institute) — First Liberty Institute, Hunton Andrews Kurth LLP, and Michael Best & Friedrich LLP argued today at the United States Court of Appeals for the Fourth Circuit on behalf of The Summit Church after the Chatham County (NC) Board appealed a preliminary injunction that was granted in favor of the church in the district court. The Department of Justice, also participated in oral argument in support of the church.
“Congress enacted the Religious Land Use and Institutionalized Persons Act with overwhelming bipartisan support to protect individuals, houses of worship, and religious institutions from the very discriminatory actions displayed by the Chatham County Board,” said Ryan Gardner, Senior Counsel for First Liberty Institute. “We made our case today that the County violated the law and that the district court was correct to issue an injunction.”
“Today we made our case that federal law was passed years ago to prevent these types of discriminatory actions that restrict churches from exercising their constitutional rights,” said Elbert Lin, Partner at Hunton Andrews Kurth LLP, who argued the case. “The law passed by Congress was meant to provide the exact protection granted by the district court.”
“The Chatham County Board violated federal law by denying the Church’s rezoning application,” said Keith Richardson, partner with Michael Best & Friedrich LLP. “The Board has no compelling government interest in restricting The Summit Church from expanding its religious outreach in the community, and we are optimistic the Fourth Circuit will uphold the district court’s order.”
After significant growth at The Chapel Hill Campus, The Summit Church sought a permanent location for a new building. When a parcel of land became available directly across the street from a shopping center, retail space, and professional offices, the church submitted a rezoning request to accommodate its building proposal. Initially told that the request was “consistent with the comprehensive plan…,” one member of the board stated, “there are not really any clear reasons to object.” However, during public comments, some attendees objected to the size of the proposed building and criticized the church’s conservative religious beliefs. At a later public hearing, the board chairperson stopped additional comments and stated emphatically, “I have heard nothing…that is going to change my perspective…Chatham County is not a place to call home for that size of a church.” The proposal was denied, but the district court granted a preliminary injunction in favor of the Church.
In the brief submitted by the Department of Justice, it states, “…RLUIPA clearly authorizes district courts to enjoin land use regulations that violate its terms. And a local government cannot use state law definitions or classifications to insulate its actions that violate RLUIPA from federal relief.”
