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Illinois Church's RLUIPA Lawsuit Settled

By Howard M. Friedman

For a second time, a settlement seems imminent in a federal lawsuit between Carlinville, Illinois and the Carlinville Southern Baptist Church that wants to use a former Wal-Mart building, zoned for commercial use, as a church. The church argued that its 1st and 14th Amendment rights and its rights under RLUIPA were violated by the city's denial of permission for the property to be used for worship. A previous settlement was vetoed by the mayor.(See prior posting.) Now, according to yesterday's Springfield (IL) State Register Journal, Carlinville city council has approved the basic outlines of a new settlement reached between the church and the city's insurer. City council will approve a special use permit for the church, and in return the city will be granted an easement on one side of the property and will have the right of first refusal on any future sale of the building by the church. The church will also receive damages of $165,000. The court has already given the church the right to remodel the building and use it for activities other than worship services.

Full post as published by Religion Clause on September 18, 2008 (boomark / email).