Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
Christ Episcopal Church in Toms River, New Jersey, found itself at the center of a highly charged legal battle after its leaders moved to expand outreach to the area's homeless population and proposed a 17-bed overnight shelter.
"It didn't take long for neighbors to become concerned," Harvey York, the church's attorney, told Fox News Digital.
On April 30, the Toms River Township Council placed an ordinance on its agenda to condemn the church's 10-acre site, which includes the parish house, auditorium, school, sanctuary and deacon's residence, under its eminent domain power.
Church Fights New Jersey Town Over Plans To Seize Property And Turn It Into Park
The town's plan is to turn the congregation's property into a recreational area.
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"Any governmental agency has the right to condemn property for governmental purposes. That's clear. However, the township has never thought of this as a recreational site," York said. "For them to say they need recreational land flies in the face of the facts and their master plan."
York and his legal team argue that the move to seize the property is the township's direct response to the church's shelter initiative.
"It is clear that this is being done in retaliation for the church making an application for a homeless shelter," he said, pointing to both the constitutional protections for freedom of religion and the federal Religious Land Use and Institutionalized Persons Act.
"I don't know that you'll find a lawyer who will say, 'Oh, yeah, they have every right to do this; they're going to win.'"
Despite rising community support, from local congregants to offers of amicus assistance nationwide, reactions remain mixed within the New Jersey town.
"There are people that are thrilled that the mayor is going to condemn the property," York said, but he believes "the majority of the community is shocked and dismayed."
Business Owners Take On City They Say Is Playing 'Musical Chairs' With Property In Eminent Domain Case
As for the church's next steps, litigation is certain.
"The plan will be decided by the diocese," York said. "But they certainly will litigate the issue, and I believe it will be successful."
The church's attorney said the government should "mind their own business and stay out of the religious affairs of the community."
Five or six hearings have taken place, and the next zoning board meeting is scheduled for May 22. Fox News Digital has reached out to the Township of Toms River for comment on the pending litigation and the hearings.
The church originally applied in July 2023 to operate an outreach center for the homeless, an effort that was approved. According to York, their application for the shelter fully complies with local and state regulations.Original article source: Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
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