[ApaTexas] Store front churches

[Kelly Templin]

This is an interesting case:

CO Supreme Court: Victory for Archdiocese of Denver

May 4, 2007

On May 1, 2007, the Supreme Court of the state of Colorado denied the
Town of Foxfield's petition for Writ of Certiorari, reversing an earlier
ruling that had granted the petition in the case of Town of Foxfield v.
Archdiocese of Denver <http://www.becketfund.org/index.php/case/75.html>
. The Court's ruling allows the Church's RLUIPA claims to go forward,
and upholds an appeals court decision in August that found that a
parking law (Ordinance No. 3) passed by the town, 

"...was passed specifically to target parking on the rectory's property
in response to the protests of the rectory's neighbors. Accordingly, the
appropriate test for constitutional review of Ordinance No. 3 is strict
scrutiny."

The Becket Fund for Religious Liberty wrote a brief
<http://www.becketfund.org/files/9da8c.pdf> defending RLUIPA, which had
been challenged as unconstitutional by the Town. Setting aside some
significant differences in ideology or faith, 16 other religious and
civil rights organizations signed the brief supporting the
constitutionality of RLUIPA.  The brief was submitted to the CO Supreme
Court in March 2007
<http://www.becketfund.org/index.php/article/642.html> .

 

One will have to be careful when crafting regulations for places of
worship post-RLUIPA/TRFA.  There are a number of interesting cases
available at http://www.rluipa.com/.

 

 

Kelly E. Templin, AICP

City of Seabrook

1700 First Street

Seabrook, TX 77586

www.ci.seabrook.tx.us <http://www.ci.seabrook.tx.us> 

281.291.5731

281.291.5690 (fax)

________________________________

From: Audra Buckley [mailto:ABuckley at cokercompany.com] 
Sent: Thursday, May 15, 2008 10:52 AM
To: Kelly Templin; Fred Morris; apatexas at list.planning.org
Subject: RE: [ApaTexas] Store front churches

 

Yes, I believe Kelly is correct.  The federal government passed RLUIPA
in 2001 or possibly 2002 and many of the statutes passed since are based
on this act.  The only legal way that I know of to regulate the location
of churches is via access and parking requirements.  Anybody else?  

 

Audra Buckley, Planner

Michael R. Coker Company, Inc.

2700 Swiss Avenue, Suite 100

Dallas, TX 75204

(214) 821-6105 (v) ext. 207

(214) 821-6125 (f)

 

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Kelly Templin
Sent: Thursday, May 15, 2008 9:21 AM
To: Fred Morris; apatexas at list.planning.org
Subject: Re: [ApaTexas] Store front churches

 

Fred:

 

I believe the Texas Religious Freedom Act will preempt any attempt you
may make to have churches abide by zoning.  This "act" exempted
religious sanctuaries from zoning's locational criteria statewide.  They
will still have to meet with other aspects of your codes (parking,
landscaping, building, etc.).

 

It might surprise you (but probably not) that the Attorney General
proffered up the TRFA whilst in the middle of his reelection campaign...

 

Kelly E. Templin, AICP

City of Seabrook

1700 First Street

Seabrook, TX 77586

www.ci.seabrook.tx.us <http://www.ci.seabrook.tx.us> 

281.291.5731

281.291.5690 (fax)

________________________________

From: apatexas-bounces at list.planning.org
[mailto:apatexas-bounces at list.planning.org] On Behalf Of Fred Morris
Sent: Thursday, May 15, 2008 9:01 AM
To: apatexas at list.planning.org
Subject: [ApaTexas] Store front churches

 

In efforts to stimulate downtown economic development/revitalization, we
are looking closely at the allowable use charts. Bail Bonding offices
have recently been removed and I'm curious if other cities have
restricted/removed churches as an allowable use by right in downtown
areas. Belton is the County seat, with the historic courthouse square
but we also have jail & courts complex.  

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