The Justice Department filed a lawsuit in the U.S. District Court for the District of Idaho alleging the City of Troy, Idaho, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it denied a conditional use permit (CUP) application sought by Christ Church, a small evangelical church.
The lawsuit alleges that Christ Church had outgrown the space where it had been worshipping and was unable to find a space to rent. It then sought a CUP to operate a church in the City’s C-1 zoning district, where nonreligious assembly uses such as clubs, museums, auditoriums and art galleries were allowed. Residents vociferously opposed the Church’s CUP application, and many of their written and verbal comments reflected animus against Christ Church’s beliefs. In its denial of the Church’s CUP application, the City cited the fact the public was “heavily against” it and the “great majority of the city residents” opposed granting the CUP.
The lawsuit alleges the City’s denial of the CUP imposed a substantial burden on Christ Church and was based on the community’s discriminatory animus against the Church. It also alleges that the City’s zoning code treats religious assembly use worse than nonreligious assembly use.
May 20, U.S. Attorney’s Office / District of Idaho
