A yearslong authorized battle between Citadel Rock and a church that permits homeless individuals to park leisure autos in its lot resulted in a remaining settlement this month, with the city agreeing to cowl $225,000 of the church’s authorized charges.
As a part of the settlement’s phrases, Citadel Rock will acknowledge the Rock Church’s means to proceed working its “on-site short-term shelter ministry” — that’s, the RVs parked out again — and to make use of its constructing for emergency shelter, in partnership with the Purple Cross.
“The city acknowledges the Rock’s invaluable providers to the Citadel Rock group by its longstanding efforts to offer help for these members of our group most in want,” the city and the church mentioned in a joint assertion issued Friday. “The Rock acknowledges its obligations as a great neighbor and appears ahead to working in partnership with the city whereas offering these providers.”
Their relationship wasn’t at all times this pleasant.
The dispute between the city and church first arose in 2021, when Citadel Rock’s zoning supervisor despatched the church a discover of violation, asserting that city code didn’t permit “storage or residency in campers on the property.” That was adopted up with a letter from the city lawyer stating that the church, positioned within the northwest nook of The Meadows neighborhood, remained in violation of zoning code.
Final 12 months, the Rock Church sued Citadel Rock, claiming the city was violating the Non secular Land Use and Institutional Individuals Act. The 2000 federal legislation protects “people, homes of worship, and different non secular establishments from discrimination in zoning and landmarking legal guidelines,” as described by the U.S. Division of Justice.
The Rock Church received its go well with final summer time when a federal decide dominated in its favor. The decide issued a preliminary injunction to cease the Douglas County city from utilizing its land-use authority to cease the church from offering the makeshift shelters.
Ryan Gardner, senior counsel with the First Liberty Institute, a Plano, Texas-based legislation agency that focuses on non secular liberty instances, mentioned the Rock “has a severe, honest non secular perception as to how they need to serve their brothers and sisters.”
He mentioned the federal legislation was on the coronary heart of the decide’s ruling in favor of his consumer final July.
“RLUIPA acts as a type of super-zoning legislation,” Gardner mentioned. “I might encourage governments throughout Colorado and the nation to accomplice with church buildings to deal with points like homelessness and meals shortages.”
Below the phrases of the settlement, the Rock Church shall be allowed to park as much as seven RVs in its lot to behave as short-term shelters. Citadel Rock can set up extra fencing or landscaping to partially display the placement of the autos from the encircling neighborhood.
A city spokesperson for Citadel Rock referred to the joint assertion from the city and church for remark. Gardner mentioned the Rock’s lead pastor, Mike Polhemus, was unavailable to remark.
Within the joint assertion, the church and the city mentioned the settlement “balances the Rock’s non secular free-exercise rights with the city’s public curiosity in implementing land use rules and defending the overall welfare, public well being and security.”
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