A local church has filed a federal lawsuit against the city of Hazel Park under the Religious Land Use and Institutionalized Persons Act after being turned down by the local zoning board in their request to open a new church building in a commercial area of town. Crain’s Detroit Business reports:
The Warren-based Salvation Temple Churchhas filed a lawsuit against the city of Hazel Park, claiming a 2005 ordinance is unconstitutional because it effectively excludes any new religious institutions from opening in the city.
The church, led by Rev. Dr. Stanley Scott, filed an amended complaint in U.S. District Court-Eastern District of Michigan on Oct. 27 that claims the Hazel Park ordinance violates the Religious Land Use and Institutionalized Persons Act, an extension of the U.S. Constitution provision that Congress not make any law that prohibits the free exercise of religion to state and local governments.
The suit stems from Salvation Temple’s plan to open a new church on the site of the former Stevenson House property at 25000 N. Chrysler Drive in Hazel Park, which has been vacant since 2002…
But in February the city denied zoning approval to Salvation Temple based on the 2005 ordinance which prohibits new religious institutions from opening on industrial or commercial property within the limits of Hazel Park, the church and its attorneys claim.
The RLUIPA is a federal law that requires courts to grant exemptions to churches from local zoning ordinances unless the city can demonstrate a compelling interest in enforcing those laws in that particular situation.