Agenda - Planning Commission - 03/02/2006

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Page 2 --January 10, 2006 First Amendment-- Pastor wants to build church on new land City denies request based on acreage requirements Citation: Chase v. City of Portsmouth, U.S. District Court of the District of Virginia, Norfolk Div., No. 2:05cv446 (2005) VIRGINIA (11/16/05) -- Chase was the pastor of the Friendship Temple and Cathedral ia Suffolk, Va. Chase also owned three-quarters of an acre of land in the city of Portsmouth. Chase submitted a use permit to operate a church on the Portsmouth prop- erty to the City of Portsmouth Planning Commission. Attached to the applica- tion were plans for "substantial renovations" to an e.,dsting building and the surrounding grounds. After several heatings, the city ultimately denied the application, finding that there was not enough acreage to support the planned improvements. Chase sued, claiming that the city's decision was burdening his free exer- cise of religion. DECISION: Judgment in favor of the city. The city did not burden Chase's free exercise of religion. Generally, the free exercise clause prohibited any official purpose to disap- prove ora particular reli~on or religion in general. Importantly, the inability to use a particular parcel of land, where such location had no relation to the practice of the religion, did not constitute a violation of the free exercise clause. Chase alleged that he was substantially burdened because he was not able to use the Portsmouth property, and that he spent a large amount of money on the property. However, the city did not exclude Chase from practicing his reLi- gion in the city. In fact, he was expressly permitted to operate a church ia other zoning districts without needing to secure any use permit. Moreover, he did not allege that he was being coerced into acting contrary to his religion's tenets in any way. Finally, there was no substantial burden placed on an individual's free exercise of religion where a Iaw er policy merely made the practice of an individual's rel/gious beliefs more expensive. Since Chase made no other allegation other than his inability to use the land and economic loss, his claim failed. see also: Lighthouse Community Church of God v. City of Southfield, 382 F. Supp.2d 937 (2005). see also: Midrash Shepardi Inc. v. Town of Surfside, 366 F..3d 1214 (2004). First Amendment-- City denies rezoning request for assisted living center Church claims care for elderly and disabled central to beliefs Citation: The Greater Bible Way Temple of Jackson v. City of Jackson, Court of Appeals of Michigan, Nos. 250863 & 255966. (2005) M/CHIGAN (! 1/10/05)--The Greater Bible Way Temple of Jackson purchased © 2006 Quinlan Publishing G[oup. Any reproduction is prohibited. For more information please call (6'i7) 542-00~,8, 124