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Thursday, September 09, 2010
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Jay Sekulow's Trial Notebook
  Notebook Entry
 
Victory in Texas Zoning Case

We represent a Christian ministry in Texas that was trying to purchase a theatre in downtown Post, Texas.  The minister wanted to use the building for office space and for youth and community outreach programs.

Unfortunately, the ministry ran into problems with a city zoning ordinance.  The ordinance contained language that would have prohibited the ministry from using the facility for its needs.  The ordinance prohibited the building from being "rehabilitated or utilized for church purposes."

The ministry contacted our offices and one of our attorneys immediately sent a letter to the city outlining the law.  We explained how the ordinance violated the 2000 Religious Land Use and Institutionalized Persons Act (RLUIPA) - a federal law that protects religious assemblies and institutions from land use regulations that interfere with their religious exercise.  We demanded that changes to the ordinance be made or the city would face legal action.

The city moved quickly to correct the situation. We're delighted to report that the city took the appropriate action and removed the discriminatory language from the zoning ordinance.

As the City Manager put it:  "The law was wrong and the wording was wrong.  We were compelled legally to make a change to the ordinance." 

We're very pleased with the outcome of this case and our client is now moving forward with plans to purchase the building in downtown Post.  You can read more about this case and important victory here.


Posted: 2/3/2010 12:00:00 AM
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