MILLERSVILLE, Tenn. (W.) March 11, 2008 -- The United States District Court for Middle Tennessee ruled that the city of Millersville, Tenn. violated the constitutional rights of Layman Lessons when it threatened application of a "pending zoning ordinance" as a means of blocking the ministry's use of a commercially zoned property, a Christian law firm said.
"The court rejected the city's contention that, as long as it had a pending ordinance that addressed Layman Lessons' intended use of this property, it could indefinitely delay acting on the ministry's application," said Larry Crain, a senior attorney with the American Center for Law and Justice (ACLJ) and lead attorney for the plaintiff. "In essence, the court ruled that 'justice delayed is justice denied.'"
When Layman Lessons, a Christian ministry, formed to aid the homeless and destitute, it faced problems after it applied for a use permit for a commercially zoned property in Millersville, a town 17 miles north of Nashville: The city planner issued a letter rejecting the application due to a then-pending ordinance that, if passed, would have limited all religious and nonprofit uses on any commercial lot in the city.
That, in essence would have resulted in Layman Lessons' application being placed on indefinite hold.
Judge Thomas A. Wiseman, Jr. concluded that through these maneuverings the city denied Layman Lessons its constitutional rights, violating the Religious Land Use and Institutionalized Persons Act (RLUIPA).
As a further hurdle to the ministry's use of the land, the city imposed a so-called "buffer strip" requirement on the property, ACLJ said. Such strips, which require an expensive privacy fence to be constructed around the property, had heretofore only been required when a commercial property abutted a residential property. The Layman Lessons' property was surrounded on all sides by commercially zoned properties.
The city of Millersville had argued that it could not be held liable under RLUIPA for the actions of employees who were not part of the top echelon of policymakers. Judge Thomas A. Wiseman, Jr. rejected this argument ruling that the actions of the city planner and city manager constituted a violation of RLUIPA. The city will be responsible for a portion of Plaintiff's legal fees.
"Judge Wiseman's ruling confirms that Tennessee is still a place where the rights of the 'Davids' cannot be casually usurped by the "Goliaths" of this world," said Crain.
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