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Church Sues Challenging Georgia City's Zoning Law

By Howard M. Friedman

Last month, a church in Avondale Estates, Georgia filed a federal lawsuit challenging both on their face and as applied the city's zoning ordinance which requires churches to obtain a conditional use permit in order to locate anywhere in the city. The ordinance also requires religious institutions to be located on at least 3 acres and have 100 feet of public street frontage. The complaint (full text) in Christ Liberty Family Center v. City of Avondale Estates, Georgia (ND GA, filed July 23, 2010), alleges that the city allows other similar non-religious assembles in four of its districts-- including the central business district where the church leased property -- without requiring this type of permit or imposing the same acreage and frontage requirements. The suit alleges that the ordinance violates RLUIPA, the First and 14th Amendments and the free exercise provisions of the Georgia constitution. Plaintiff has also filed a motion for a preliminary injunction, including a memorandum in support. (Full text). Alliance Defense Fund issued a press release on the case.

Full post as published by Religion Clause on August 03, 2010 (boomark / email).