Trump’s Department of Justice Files Statement of Support for Local Church Against Democrat County Commission
Chatham County’s legal brief picked apart by DOJ civil rights experts.
The Department of Justice filed a Statement of Interest in support of a local church against the Chatham County Commission, that filed a lawsuit alleging religious discrimination. The County denied the church’s request to build a new campus, despite previously approving a larger project on the same piece of property.
Here are some of the key portions of the DOJ’s filing:
First, the Justice Department argued that the County could not rely on its characterization of zoning laws as a state issue to avoid federal law.
· Second, the Justice Department pointed out that the Religious Land Use and Institutionalized Persons Act (RLUIPA) broadly affords plaintiffs relief.
· Finally, the type of injunctive relief sought by Summit Church is routinely granted and upheld by Federal Courts.
Bottom Line: The motion by the Department of Justice clearly outlines the weakness of Chatham County’s interpretation of federal law and provides several examples of where other judges have ruled in the plaintiffs’ favor in similar cases.
Background on the case:
Summit Church is a growing North Carolina Baptist Church with several campuses spread across the Triangle region. The Chapel Hill Campus, currently meeting in a local high school, grew to the point where it wanted to establish a permanent campus in the growing area to meet the needs of its members and to continue growing.
In 2024, the Church purchased a property off of the main highway between Pittsboro and Chapel Hill, which is the site of continued development in Chatham County. Previously, the Chatham County Commission approved a zoning request for a senior living facility with over 160 residences, a 100,000 square foot congregate care facility, and several other amenities like an adult day care facility, gardens and barns.
In December 2024, the all Democrat Chatham County Commission denied Summit Church’s rezoning application, despite the church fulfilling every step of the process. The Commission said the project did not adhere to the “rural character” of the area, despite the Planning Commission applauding the church’s design choices to maintain the rural character of the area.
Beneath the radar: One potential driver of the Commission’s decision is the lack of property tax revenue. Religious institutions like churches are exempt from property taxes. If the Commission approved this prime real estate for a church, instead of a business or housing project, the County would miss out on potential property tax revenue.
So, Summit Church filed a lawsuit alleging religious discrimination, and the parties filed briefs.
What’s next?
Summit Church, Chatham County, and now the Department of Justice filed their briefs. The next step is to hold a hearing on a preliminary injunction.
Why this is important
The First Amendment of the United States Bill of Rights protects the Freedom of Religion and the Right to Assemble. This high-profile land may provide a clear legal precedent protecting houses of worship from government encroachment on their civil liberties through local government zoning laws. If the County wins, then houses of worship may face increased pressure from municipalities to move out of the community to increase property tax revenue.
