Suit alleged violations of United States Constitution and the Religious Land Use and Institutionalized Persons Act of 2000

Contact: Zak Walsh, 248-626-0006

BLOOMFIELD HILLS, Mich., Dec. 16, 2010 /Christian Newswire/ -- A federal court's consent judgment will allow the Michigan congregation of Salvation Temple Church to worship freely in a building the church purchased from the City of Hazel Park, Mich. in 2009. The settlement brought swift resolution to a case that alleged violations of the United States Constitution and the Religious Land Use and Institutionalized Person Act of 2000, better known as RLUIPA.

Represented by attorney and noted religious land use expert Daniel Dalton of Dalton, Tomich & Pensler, plc, Salvation Temple Church filed a complaint against the City of Hazel Park citing civil rights violations arising from the denial of religious uses within the City. The church alleged a zoning ordinance approved by the city in 2005 knowingly and illegally excluded any new religious institution from opening in the city.

While the ordinance still exists, the court's judgment grants the Church the right to use the building it purchased for all religious purposes, effectively preserving the life of the Salvation Temple Church religious community.

"Salvation Temple Church nearly lost its congregation due to the unconstitutional ordinance, so the outcome is an incredible victory for the church," Dalton said. "This case should give hope to churches, mosques, temples and other religious institutions fighting for the equal usage rights granted to them by RLUIPA and the freedom to worship granted under the First Amendment."

The victory for Salvation Temple came just over one month after the church worked through Dalton to deliver a letter to the City demanding it repeal the ordinance on Oct. 15, 2010. The church filed suit in late October 2010, entered a motion for preliminary injunction on Nov. 1, 2010 and received news of the consent judgment on November 20, 2010.

The Hazel Park ordinance in question was adopted in 2005, three months after an Islamic group sought City approval to open a mosque in a nearby location. After the use was denied, the city planner recommended the mosque locate at the building at issue. The City, however, did not follow the recommendation of its planner. Rather, the City introduced and later passed the zoning ordinance effectively eliminating religious uses.

In December 2009, Salvation Temple entered into an agreement for the purchase of a different property in Hazel Park that had been vacant since 2002. The City denied zoning approval to Salvation Temple based on the 2005 ordinance, which prohibited new religious institutions from opening on industrial or commercial property within the limits of Hazel Park. The ordinance allows for religious institutions to open, with the approval of the City, in residential areas. However, according to the City's own records, Hazel Park is "100% developed for residential use" and does not have a collection of residential property available large enough to house a religious institution with parking.

Congress unanimously passed the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000 to address local government discrimination in addressing land use applications submitted by religious organization and in doing so, leveled the playing field for religious and secular uses. In many cases, this differential treatment is motivated by the fact that most religious land use is tax-exempt.

Based in Bloomfield Hills, Mich., Dalton Tomich & Pensler, plc is a law firm specializing in providing guidance to leading religious organizations, businesses and financial institutions across the nation. Visit www.dtplawfirm.com or www.attorneysforlanduse.com.