UPDATE - Church sues city over 'religious freedom'
A local ministry filed a lawsuit in the U.S. District Court of Idaho on May 31 following a dispute with city officials over converting a downtown building into a church complex.
During a special council meeting Monday night to respond to the lawsuit, the city authorized a consent order to be sent to the court that would functionally allow No Limits Ministry to use the facility as a church.
U.S. District Judge Edward J. Lodge entered the agreed order Tuesday that accomplishes the church's primary objective in filing the suit and allows worship in the former Salvation Army building at 535 North Main Street.
"We are grateful by the city's council's prompt and proper action to correct the injustice," said Pastor Clark Williams in a prepared statement released by the public relations firm of the legal team representing the church. "We are thankful to God that we are now allowed to worship."
The Malcom-Baker law firm in Chicago filed the complaint on behalf of the No Limits Christian Ministries, which is suing the city over alleged First and Fourteenth Amendment issues of religious freedom and due process of law violations.
It invokes a little-known law passed by Congress in 2000 that prevents requiring a government from imposing land use (zoning) regulations that "treats a religous assembly or institution on less than equal terms with a nonreligious assembly or institution" -- specifically, requiring all churches in the city to have a conditional use permit for approval while allowing businesses or other organizations in some zones to avoid that requirement.
Although the original documents provided the city indicated the church was seeking $75 million in real and compensatory damages, that was a typographical error. The church is seeking approximately $75,000 in damages, including an estimated $10,000 in real damages related to city fee requirements it contends are illegal and loss of revenue by not being able to use its new building.
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