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Suit Seeks to Bring Building Under Religious Exception In Historic Preservation Law

By Howard M. Friedman

In Peoria, Illinois, according to yesterday's Peoria Journal, the Westminster Presbyterian Church has filed a state court lawsuit seeking to invoke a change made in February in the city's historic preservation ordinance. The ordinance was amended to exclude buildings used primarily for religious ceremonies or to further the religious mission or business of the owner.  The church wants to tear down Westminster House, built as a dwelling, but used for 25 years until 2006 as the regional office of the Presbyterian Church.  Now to bring the unused building under the preservation ordinance exception, beginning March 9 the church started holding weekly men's fellowship prayer meetings in the building.  The complaint (full text) in Westminster Presbyterian Church v. City of Peoria, Illinois, (IL Cir. Ct., filed March 21, 2011), seeks a declaratory judgment that the fellowship meetings are sufficient to qualify Westminster House for the religious use exemption. It also asks for a writ of mandamus requiring the inspections department to issue a demolition permit.

Full post as published by Religion Clause on March 23, 2011 (boomark / email).