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Religious Land Use Disputes Continue To Arise: Michigan Church, Connecticut Chabad House

By Howard M. Friedman

Zoning disputes involving religious institutions continue to arise around the country. Here are two recent ones. In Benton Township, Michigan, the Overflow Church wants to move its religious services and community outreach programs into a former Sears store that was donated to the church by the building's owner. Tuesday's Benton Harbor- St. Joseph Herald-Palladium reports on the Planning Commission hearing at which the church asked for a special use permit to allow it to operate in the commercial-zoned area. The owner of nearby Orchard Mall opposes the church's plans, saying the proposed use is not compatible with the mall and adjacent properties. Separately the mall owner is suing the church arguing that a 1978 operating agreement with Sears requires the property to be used for retail purposes.

Meanwhile, in Hartford, Connecticut, a Jewish group, Chabad Chevra, has filed a federal lawsuit claiming that its free exercise, speech, association, equal protection and due process rights and its rights under RLUIPA have been violated by the city's refusal to allow it to use a building it purchased as a Chabad House for religious worship, educational and university student activities and as a residence for its rabbi. The property had previously been used by a Baptist organization, and before that by a Catholic group, for religious purposes. The complaint (full text) in Chabad Chevra LLC v. City of Hartford, Connecticut, (D CT, filed 3/8/2010), charges that the city is burdening plaintiff's religious exercise, favoring nonreligious institutions over religious ones, and in particular is discriminating against proposed university student religious use of the premises. It claims that the city's action is based in large part on "anti-Hasidic animus." Courthouse News reported on the case yesterday. [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on March 11, 2010 (boomark / email).