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Church and New Jersey Township Nearing Settlement of Religious Lawsuit

By Evan Seeman & Guest Contributor on May 18, 2016
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A rendering of Christian Community Chapel’s proposed sanctuary (credit: Christian Community Chapel)

We previously reported about the federal lawsuit filed by Christian Community Chapel against the Township of Hillsborough, New Jersey, in which the Township denied the Chapel’s variance requests to use a 14.3 acre property as a parsonage with a 150-seat worship facility.  Although the Township voted 4-3 in favor of the Chapel’s proposal, the application was denied because a supermajority (5 votes) was required.  The Chapel filed a federal suit and alleged that the Township’s denial violated the U.S. Constitution, the Religious Land Use & Institutionalized Persons Act, and New Jersey law.

NJ.com reports that the Chapel and the Township have agreed on the parameters of a settlement that would put an end to the dispute, which must be finalized at a meeting of the Township’s Board of Adjustment.  Reportedly, under the terms of the settlement, the Township will grant the Chapel’s requested variances, including use of the property for a parsonage and a sanctuary (conditional uses under the local zoning code).  Although the Chapel claims the legal battle has been costly, it will not demand monetary relief to settle because it wants to continue to build its relationship with the Township.  The Chapel would still need site plan approval, and it would likely be at least a year before the Chapel can move in.

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.

Read more about Evan SeemanEmail
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  • Posted in:
    Government and Public Policy
  • Blog:
    RLUIPA Defense Blog
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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