Michigan Church, City Settle Zoning Dispute

Celebration Community Church and the city of Muskegon, Mich., have reached a settlement in a lawsuit, meaning that the church will be allowed to use an unused city building as a place for worship services, according to a news release from the church.

In April, church officials sued the city in U.S. District Court because the city would not grant a zoning variance for “religious use” of a 1,250-seat facility. The church, which had been meeting in a high school for three years, has been wanting to move to a bigger venue. Now it appears they will get that opportunity. Under the terms of the settlement, the city will also refund some of the church’s legal expenses.

Numerous zoning conflicts between churches and city governments have occurred in the past two years. One notable case is in Carlinville, Ill., where a church has purchased a Wal-Mart and would like to remodel it into a worship center. The city, however, would prefer that a retail store occupy the space as it would generate tax revenue. A nonprofit entity, such as a church, would not. In nearly every proceeding, churches use the Religious Land Use and Institutionalized Persons Act (RLUIPA) as part of their argument. The legislation forbids governments from discriminating against nonprofit organizations because they don’t produce revenue.

“I applaud the cooperation we have received from the city of Muskegon,” said Dan Dalton, attorney for Celebration Community Church and religious land use specialist. “Once the planning commission voted to deny our request for a special permit and we filed suit, the city acted immediately to contact us to settle this case. It speaks volumes about the stewards of the city of Muskegon, and their commitment to doing the right thing for the community.”

The church plans to have worship in a tent outside of the building during the summer until it completes necessary renovations.

Muskegon is located on Lake Michigan in the western part of the state, 40 miles west of Grand Rapids.