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Christians Victorious in Disputes Over Land Usage

By Allie Martin
May 9, 2003

(AgapePress) - Judges have upheld religious liberties in two cases after Christians were denied full use of their land. In one case, a Kansas town has agreed to reverse its decision to evict a pastor from his church parsonage. The other case involves a Pennsylvania couple who has been given permission to hold a Christian concert on their private property after city officials tried to pull the plug on the event.

In December 2001, pastor Terry Paine founded the Prairie Band Baptist Church in Mayetta as a ministry outreach to the Prairie Band Indian tribe. The city initially denied the church the use of its own building for worship purposes. The city acquiesced on that point after the threat of a lawsuit.

City officials then informed Paine that he could not live in the parsonage because it was located on the first floor of the church.


Mat Staver
 
Mat Staver is president of Liberty Counsel, which represented the pastor in the lawsuit. He says the town's zoning ordinances are unconstitutional.

"Christian churches have a constitutional right to be able to worship within the city limits," Staver explains, "and you can't use zoning laws to stifle the gospel. If you do, as in Mayetta, you'll ultimately end up paying -- as the officials found out in this particular case."

Staver also says the city was not applying its ordinances in a fair manner regarding the parsonage. A Liberty Counsel press release cites that "across the street from the church is a house with a first-floor residence and the zoning code allows for hotels, motels and motor hotels" with first-floor accommodations.

According to Staver, in this situation there was "an undercurrent to stop this church from worshipping."

The city of Mayetta was required to pay damages as part of the settlement.

And the Music Played On
For the past 13 years, Ben and Betsy Fishers have held a gospel concert on their farm in Salisbury Township. But when the couple applied for a permit to hold the concert this year, they were told by officials that their property was not zoned for such an event.

Federal District Court judge Timothy Savage has now entered an order allowing the Fishers to hold their 14th annual Christian concert on their farm.

 
Brad Dacus
Brad Dacus of the Pacific Justice Institute says the federal judge's ruling in the case is a good sign.

"Whenever you have a judge willing to put his foot down at this stage and stop a city from pouncing on the ability of Christians to get together and worship the Lord, that's a very good sign that things are going in our direction," Dacus says. "We're very optimistic and hopeful for this group of Christians."

A trial regarding all future gospel concerts on the Fishers' property is set for later this year.

Both cases involved the use of land. Dacus says "the Religious Land Use and Institutionalized Persons Act gives wonderful protection for groups like this -- not only churches, but groups who want to worship and have concerts."

The attorney is hopeful that cases like the one in Salisbury Township will aid in reversing the "trend of hostility" he sees toward religious groups and their ability to meet and further the work of the Lord.

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