Living Water Church of God v. Charter Township of Meridian

258 F. App'x 729
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 10, 2007
Docket05-2309, 06-1210
StatusUnpublished
Cited by156 cases

This text of 258 F. App'x 729 (Living Water Church of God v. Charter Township of Meridian) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Living Water Church of God v. Charter Township of Meridian, 258 F. App'x 729 (6th Cir. 2007).

Opinions

[730]*730ALICE M. BATCHELDER, Circuit Judge.

The Charter Township of Meridian (“Township”) appeals the district court’s order, following a bench trial, granting a declaratory judgment that the Township’s denial of a special use permit sought by Living Water Church of God (“Living Water”) violated the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cceí seq., and permanently enjoining the Township from preventing Living Water from proceeding with the construction of a school and church building on its property in conformity with the special use permit. Because we conclude that the Township’s denial of the permit did not constitute a substantial burden on Living Water’s religious exercise, and therefore did not violate RLUIPA, we reverse the judgment of the 'district court.

I. BACKGROUND1

Living Water is a small but growing Christian congregation with educational and daycare ministries in Meridian Charter Township, Michigan. Living Water owns a six-acre parcel in the Township. The parcel is zoned RA, single family residential, medium density. The Township’s zoning ordinance permits a religious or educational institution in a residential zone only if the institution obtains a Special Use Permit (“SUP”). The ordinance requires a separate and additional SUP to construct a building larger than 25,000 square feet. Therefore, Living Water, like any person or institution wanting to construct facilities larger than 25,000 square feet, would have to apply for an SUP permitting such construction.

In 1994, Living Water applied for an SUP to build a single-story 10,925 square-foot building to use as a sanctuary and daycare for 40 children; in 1995, the Township granted the application and Living Water constructed and now occupies that building. At the time that it obtained the SUP, Living Water discussed with the Township its future plans for the property and explained that the sanctuary was only the first phase of a multi-phase building plan for the property. In 2000, Living Water requested and received an SUP to increase its daycare enrollment to 72 children and build a 28,500 square-foot elementary school for kindergarten through 8th grade. Though Living Water initially sought approval for enrollment of 360 students in its proposed school, the church voluntarily limited enrollment to 280 students at the Township’s request. Additionally, Living Water agreed to delay its school day start time so as not to interfere with traffic to nearby schools, to go without athletic fields, and to pay for construction of a deceleration lane to lessen the impact on traffic in the neighborhood. Upon receiving the SUP, Living Water began promoting the school and raising money for its construction. On March 7, 2001, the Township informed Living Water that the SUP would expire on May 19, 2001, unless Living Water obtained an extension on its SUP or began substantial construction on the project.

Prior to May of 2001, the Township had a policy of granting extensions on SUPs, and because Living Water had not yet begun construction, it timely requested an extension. But by this time, the Township had obtained new legal counsel who, on April 27, 2001, issued a legal opinion that denied an extension to another applicant. By letter dated May 9, 2001, the Township denied Living Water’s request, stating that “because the Code of Ordinances does not [731]*731specifically provide for an extension to be granted for special use permits, the Planning Commission can no longer consider requests for extensions.” Then, on May 15, 2001, the Township passed a resolution stating that because the zoning ordinance had no provision for extending an SUP, any request for an SUP extension must be treated as an application for a new permit and would be subject to all of the requirements of a new SUP. Because the Township’s new policy did not permit an extension of the 2000 SUP, Living Water lost its initial investment of $35,000 or $40,000 in planning documents.

Before submitting a new SUP proposal, Living Water officials met with the Township’s planning staff to determine the best way to address the Township’s concerns with Living Water’s project. In addition to renewing the conditions attached to the 2000 SUP, Living Water agreed to further reduce the number of students who could be enrolled in its school from 280 to 125. On May 21, 2003, Living Water applied for an amendment to its SUP to build a Christian Education Building totaling 34,989 square feet. This proposal exceeded by approximately 6,489 square feet the proposal approved in 2000, but because it included a larger basement, the actual footprint of the building was 1,500 square feet smaller than the earlier plan.

While the Township’s Board had the final say on the size of a proposed building, the Township’s Planning Commission had authority to approve the use of a property for a school and to provide a recommendation to the Board concerning the size of the proposed building. Accordingly, the Planning Commission conducted two public hearings on Living Water’s 2003 SUP proposal and ultimately approved the SUP for a school on the church’s property and recommended that the Township Board approve the SUP for a new building that— combined with the existing building— would exceed the 25,000 square-foot limit.

The Planning Commission provided a packet of documents for the Township Board to review, which included a table entitled “Land Area to Building Ratios.” This table listed for each of the public and private schools in the Township the size of the building and the area of the parcel of land on which it stood. The ratios were developed for the purpose of reviewing Living Water’s application; they have not been applied to any other applicants since their creation.2

Neither the Township’s zoning ordinance nor its Comprehensive Development Plan provides any sort of standard for determining the appropriate land-to-building ratio for a school. While the Comprehensive Development Plan provides criteria established by the National Education Association, i.e., 10 acres for an elementary school, 20 acres for a middle school, and 40 acres for a high school, these criteria address total acreage, not land-to-building ratios. Moreover, though the Comprehensive Development Plan states that all schools in the Township comply with these criteria, that is not the case. For instance, the Plan does not include an elementary school and high school, which together sit on a 13-aere parcel rather than on the prescribed 50 acres; nor does the Plan include a Montessori school which sits on a 6-acre parcel, rather than the prescribed 10-acre parcel. Although the Township applies a 5:1 ratio for commercial developments and a 3:2:1 ratio for office use, “[tjhere are no ratios ... for non-residen[732]*732tial uses permitted by SUP in a residential district such as churches, private schools, nursing homes, day care centers, and fraternity or sorority houses.” Living Water Church of God v. Charter Twp. of Meridian, 384 F.Supp.2d 1123, 1128 (W.D.Mich. 2005).

On October 21, 2003, the Board affirmed the Planning Commission’s recommendation that the SUP allow “the non-residential use of an appropriately sized school in a residential district” subject to conditions, including a maximum enrollment of 125 students.

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Bluebook (online)
258 F. App'x 729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/living-water-church-of-god-v-charter-township-of-meridian-ca6-2007.