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Church files suit over downtown De Pere building


Church alleges violations of federal religious land-use law

By Sarah Riley
News-Chronicle

New Life Christian Fellowship is pressing ahead with building remodeling - and a federal lawsuit against the city of De Pere - to be able to move into a downtown building it purchased.

A legal group representing the church presented summons to the city, Mayor Mike Walsh and Common Council members Friday because of the city's refusal of a conditional use permit allowing members to worship in a commercially zoned building. The church purchased the former Steckart's building at 113 N. Wisconsin St.

"Really, we took this step because we think there is a significant amount of neglect on behalf of the Common Council," said pastor Dan Taylor. "We were left with no options."

The church is being represented by the Pacific Justice Institute, a group specializing in civil and religious rights cases. The suit says the city violated the Religious Land Use and Institutionalized Persons Act of 2000, including placing substantial burden on the church's right to free exercise and discrimination based on religious denomination.

The church is seeking an injunction on the city and damages for civil-rights violations, it said in a press release.

The city voted in February to deny the church a permit to practice in the building. The church purchased the building anyway, and the council voted again in May to deny the permit.

Taylor said he is so confident the church will eventually win the case that the congregation has begun remodeling the building. Space in the building was rented out for a two-week rug sale last month.

"From our feeling, what we're waiting to find out is what day this will be reversed," Taylor said. "In the United States, we just can't say 'This is how we want to do it, so this is what we're going to do.'"

The lawsuit was referred to the city's insurance company, which hired third-party lawyer Raymond Pollen of Milwaukee to handle the case. City Administrator Lawrence Delo said a lawyer is always hired when a suit is filed.

The council opposed the location because the church would take up retail space and not generate foot traffic like other downtown businesses do.

Business representative spoke at a council meeting to say how valuable the space would be for other stores.

Taylor said he has looked at buildable land in the city and hasn't found any that's suitable or affordable. He said the church didn't find any other vacant buildings suitable for its needs.

Business representatives argued the church could take away about 8,000 square feet in business space with the building.


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