The U.S. Department of Justice voiced its support of Summit Church’s lawsuit against Chatham County last week, filing a letter arguing the church has an arguable case for religious discrimination when the county’s board of commissioners rejected a rezoning request to develop roughly 50 acres into a new facility.
As the U.S. Middle District Court of North Carolina weighs the initial lawsuit and the county’s motion to dismiss, U.S. Attorney General Pam Bondi and other DOJ officials shared a statement of interest on April 18 to insert the federal government’s perspective. The filing urges the court to grant Summit Church’s requested injunctive relief — which could give the church its desired rezoning, provide compensatory damages, and allow for its option to purchase the land to continue — and cites the Religious Land Use and Institutionalized Persons Act (RLUIPA) as the overarching reason.
The Chatham County elected officials rejected Summit Church’s proposal for a 90-acre parcel off U.S. Highway 15-501 in December, saying the worship site and surrounding amenities would not fit with the “rural character” the town aims to keep within that corridor as part of its comprehensive plan. Some of the commissioners contextualized their votes with passionate feedback from constituents against the project for those reasons, with the local government referencing more than 200 pages of written and spoken public comments in its motion to dismiss. That measure, filed on Mar. 27, argues Summit Church’s claim of the project being rejected because of its religious beliefs is a “dramatic mischaracterization” of the commissioners’ consideration — and it was within the local government’s right to determine what zoning is best for its community.
The U.S. Department of Justice argued against the latter point in its letter to the court, arguing RLUIPA as a federal law should supersede the zoning laws of North Carolina and be used to judge the case. It also pointed to similar prior cases decided by the justice system where RLUIPA “broadly affords” appropriate relief for plaintiffs concerned about religious bias.
“When confronted with violations of RLUIPA,” reads the statement of interest, “courts have routinely enjoined local government zoning decisions that prohibit using land for religious purposes, including ordering that a defendant approve a zoning application or amend or revise local zoning laws — the same sort of injunctive relief requested by Summit Church. The County’s argument, that ostensibly ‘legislative’ zoning decisions are immune from RLUIPA’s reach, vaults form over substance and, if accepted, would provide an easy workaround of RLUIPA’s broad protections for religious liberty.”
The federal officials added the United States and President Donald Trump’s administration have “a strong interest in RLUIPA’s robust, private enforcement,” which partially led to its joining the case in favor of Summit Church.
An aerial rending of the site plan for Summit Church’s Chapel Hill campus sought in Chatham County. (Image via Qunity/Summit Church.)
As presented to Chatham County, Summit aims to build a two-story, 82,000 square foot worship site as the new home for its Chapel Hill congregation, which currently uses facilities at East Chapel Hill High School. In addition the main church building, the plans would include an accessory building in a future phase of development and outdoor amenities like a basketball court, playground and stormwater management pond. A Baptist worship community, Summit Church is based in Durham and has grown its congregation to thousands of members with the goal of establishing “a thriving evangelical church within [15] minutes of every person in the Triangle.” During its application process, Summit’s leadership maintained the development would fit with the growing density seen along that stretch of U.S. 15-501, which includes the Briar Chapel community just to the southwest and the Chatham Downs and Polk Village shopping centers to the north.
Featured photo via AP Photo/Matt Slocum.
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