Garden City, Kansas is being sued under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the U.S. Constitution, and state law over allegations that it has discriminated against a local church, Mount Zion Church of God in Christ (Church).  The Church alleges the following in its complaint.

The Church, which consists of about thirty members, has been operating for ten years at the same location in the City’s Central Business District, where it leases a building consisting of approximately 10,000 square feet. The Church provides the following services and ministries to the local community: (a) weekend services; (b) assistance with medical needs; (c) financial and housing support; (d) outreach activities for disadvantaged youth; (e) educational assistance for single mothers; and (f) assistance to veterans, the mentally and physically disabled, the elderly and single-family mothers.  During its ten years of operating at this location, there have been no incidents or complaints from neighbors.

On September 29, 2014, the City Attorney sent a letter to the Church “instructing the Church to cease its use of the property as a church or other area of worship.”  The City asserts that the Church has been operating illegally in the Central Business District because religious uses are prohibited there, and has threatened to prosecute the Church unless the religious use ceases.

The Church alleges that the City’s zoning code violates RLUIPA’s equal terms provision on its face because it treats religious uses worse than secular assembly uses.  While religious uses are prohibited from the Central Business District, the following uses are allowed as of right: (a) amusement places; (b) auditoriums; (c) business or commercial schools, including dancing and music; (d) hotels and motels; (e) libraries and museums; (f) meeting halls; (g) court buildings; (h) private clubs, fraternities, sororities, and lodges; and (i) theaters.  The Church also brings an equal terms as-applied challenge, contending that the City’s application of its zoning code has treated the Church worse than other secular assembly uses, as well as a claim under the Fourteenth Amendment’s Equal Protection Clause.  Further, it claims that the City’s actions violate the First Amendment’s Free Exercise Clause and state law.

On November 14, 2014, the Court issued a Consent Order Preliminarily Enjoining Garden City.  The Order states: “By agreement of the parties, Garden City is preliminarily enjoined from prohibiting or interfering with Plaintiff’s use of the property at 606 N. Main Street, Garden City Kansas (the “Property”) as a church and for religious assembly and from enforcing its zoning code to treat Plaintiff’s use of the Property as a church as a ‘prohibited’ or ‘illegal’ use of the Property until further order of the Court.”

The Church’s Complaint is available here.  The Consent Order is available here.

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Photo of Evan Seeman Evan Seeman

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of…

Evan J. Seeman is a lawyer in Robinson+Cole’s Hartford office and focuses his practice on land use, real estate, environmental, and regulatory matters, representing local governments, developers and advocacy groups. He has spoken and written about RLUIPA, and was a lead author of an amicus curiae brief at the petition stage before the United States Supreme Court in a RLUIPA case entitled City of San Leandro v. International Church of the Foursquare Gospel.

Evan serves as the Secretary/Treasurer of the APA’s Planning & Law Division. He also serves as the Chair of the Planning & Zoning Section of the Connecticut Bar Association’s Young Lawyers Section, and is the former Co-Chair of its Municipal Law Section. He has been named to the Connecticut Super Lawyers® list as a Rising Star in the area of Land Use Law for 2013 and 2014. He received his B.A. in political science and Russian studies (with honors) from Trinity College in Hartford, Connecticut, where he was selected as the President’s Fellow in the Department of Modern Languages and Literature. Evan received his Juris Doctor at the University of Connecticut School of Law, where he served on the Connecticut Law Review. While in law school, he interned with the Connecticut Office of the Attorney General in the environmental department, and served as a judicial intern for the judges of the Mashantucket Pequot Tribal Court. Following law school, Evan clerked for the Honorable F. Herbert Gruendel of the Connecticut Appellate Court.

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Photo of Dwight Merriam Dwight Merriam

Dwight H. Merriam founded Robinson+Cole’s Land Use Group in 1978. He represents land owners, developers, governments and individuals in land use matters, with a focus on defending governments in RLUIPA cases. Dwight is a Fellow and Past President of the American Institute of…

Dwight H. Merriam founded Robinson+Cole’s Land Use Group in 1978. He represents land owners, developers, governments and individuals in land use matters, with a focus on defending governments in RLUIPA cases. Dwight is a Fellow and Past President of the American Institute of Certified Planners, a former Director of the American Planning Association (APA), a former chair of APA’s Planning and Law Division, Immediate Past Chair of the American Bar Association’s Section of State and Local Government Law, Chair of the Institute of Local Government Studies at the Center for American and International Law, a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the American Bar Foundation, a member of the Rocky Mountain Land Use Institute National Advisory Board, a Fellow of the Connecticut Bar Foundation, a Counselor of Real Estate, a member of the Anglo-American Real Property Institute, and a Fellow of the American College of Real Estate Lawyers.

He teaches land use law at the University of Connecticut School of Law and at Vermont Law School and has published over 200 articles and eight books, including Inclusionary Zoning Moves Downtown, The Takings Issue, The Complete Guide to Zoning, and Eminent Domain Use and Abuse: Kelo in Context. He is the senior co-author of the leading casebook on land use law, Planning and Control of Land Development (Eighth Edition). Dwight has written and spoken widely on how to avoid RLUIPA claims and how to successfully defend against them in court. He is currently writing a book on the subject, RLUIPA DEFENSE, for the American Bar Association.

Dwight has been named to the Connecticut Super Lawyers® list in the area of Land Use Law since 2006, is one of the Top 50 Connecticut Super Lawyers in Connecticut, and is one of the Top 100 New England Super Lawyers (Super Lawyers is a registered trademark of Key Professional Media, Inc.). He received his B.A. (cum laude) from the University of Massachusetts, his Masters of Regional Planning from the University of North Carolina, where he was the graduation speaker in 2011, and his J.D. from Yale. He is a featured speaker at many land use seminars, and presents monthly audio land use seminars for the International Municipal Lawyers Association. Dwight has been cited in the national press from The New York Times to People magazine and has appeared on NBC’s The Today Show, MSNBC and public television.

Dwight also had a career in the Navy, serving for three tours in Vietnam aboard ship, then returning to be the Senior Advisor of the Naval ROTC Unit at the University of North Carolina in Chapel Hill where he taught Defense Administration and Military Management as an Assistant Professor in the undergraduate and graduate curriculum in Defense Administration and Military Management. He left active duty after seven years to attend law school, but continued on for 24 more years as a reserve Surface Warfare Officer with two major commands, including that of the reserve commanding officer of the Naval Undersea Warfare Center. He retired as a Captain in 2009 after 31 years of service.

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