Episcopal Student Foundation v. City of Ann Arbor

• Decision Date: 24 August 2004
• Docket Number: No. 03-CV-70150-DT.,03-CV-70150-DT.
• Citation: 341 F.Supp.2d 691
• Parties: The EPISCOPAL STUDENT FOUNDATION, d/b/a Canterbury House, Plaintiff, v. The CITY OF ANN ARBOR, and The Ann Arbor Historic District Commission, Defendants.
• Court: U.S. District Court — Eastern District of Michigan

341 F.Supp.2d 691

The EPISCOPAL STUDENT FOUNDATION, d/b/a Canterbury House, Plaintiff, v. The CITY OF ANN ARBOR, and The Ann Arbor Historic District Commission, Defendants.

No. 03-CV-70150-DT.

United States District Court, E.D. Michigan, Southern Division.

August 24, 2004.

COPYRIGHT MATERIAL OMITTED

Seth M. Lloyd, Katrina Staub, Detroit, MI, for plaintiff.

Michael Wicks, Detroit, MI, for defendant.

ORDER

(1) GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND (2) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

BORMAN, District Judge.

This is a case concerning the Defendants' alleged violation of the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc. Now before the Court are Plaintiff's Motion for Summary Judgment and Defendants' Motion for Summary Judgment. The Court heard oral argument on August 18, 2004. Having considered the entire record, and for the reasons that follow, the Court GRANTS the Defendants' motion for summary judgment and DENIES the Plaintiff's Motion for Summary Judgment.

FACTS

The instant lawsuit involves a dispute between Plaintiff, Canterbury House, a non-profit corporation and instrumentality of the Episcopal Church, and the Defendants, the City of Ann Arbor and the Ann Arbor Historic District Commission (collectively, "Defendants"), over the proposed demolition of Canterbury House's current worship facility and construction of a new building in its place.

Canterbury House is a "religious organization serving students attending the University of Michigan in Ann Arbor, Michigan, and other Ann Arbor residents." (Compl., ¶ 1.) It is currently located in a two-story building at 721 W. Huron Street in Ann Arbor, Michigan. That address is located in the Old Fourth Ward Historic District, one of the oldest districts in the city. (Id. at ¶ 2; Ex. 1 to Defs.' Mot.)

Canterbury House contends that it offers an "unconventional approach to religion", emphasizing its spiritual community. It currently offers one weekly worship service at its West Huron facility (its "Jazz Mass"), and sponsors various social events to create a spiritual community for its members. (Id. at ¶¶ 11-12.) Those social events include, amongst others, prayer and study groups, an alternative spring break, and a Saturday night concert series. (Id. at ¶ 12; see also Ex. C to Pl.'s MSJ.)

By offering these events, Canterbury House hopes to provide its members with an atmosphere that is free of drugs, alcohol, and sexual pressures, and thereby assemble a religiously based alternative to the "party scene" usually found on college campuses. (Id.) Additionally, by opening its doors to others in the community who are not members of the church, the social activities allow Canterbury House to introduce those individuals to the church, and educate them in its religious mission. (Id. at ¶ 13.) Thus, Canterbury House considers its social events to be "vital to the church's growth." (Id.) "[S]eeking growth of the church and welcoming others into the congregation", in turn, are "central to" the church's religious mission. (Id.)

Likewise, community outreach is central to Canterbury House's religious mission. As an example, Canterbury House's members participate in programs to feed the hungry in its community, and donate proceeds from its concert series to that cause. (Id. at ¶¶ 15-16.) Finally, Canterbury House asserts that "having the congregation gather and worship as a whole" is central to its faith and its emphasis on the spiritual community. (Id. at ¶ 17.)

In recent years, Canterbury House asserts it has experienced significant growth in its membership and has outgrown its current facility as a result. (Id. at ¶ 19.) Due to the limited worship space in its current facility, Canterbury House contends it has been unable at times to accommodate all of the individuals who wish to attend worship services, and to seek growth. (Id. at ¶¶ 20-21.) Similarly, because its current building only has a "small and outdated kitchen" and lacks a dining area, Canterbury House contends it is unable to fulfill its religious mission to help the hungry by preparing and serving meals at the church. (Id. at ¶ 22.) Finally, Canterbury House asserts that the current building has no space for a student lounge, and no dedicated space for meditation. (Id. at ¶¶ 23-24.) Thus, the church is unable to provide its members with an informal gathering place and an opportunity for individual worship, respectively. (Id.)

Given these constraints, the church asserts it can no longer accomplish its religious mission and create a spiritual community for its members in its existing building. Canterbury House asserts it needs a "large and multi-faceted church", but alleges its current building cannot be renovated or expanded in a manner that would satisfy its religious needs. Canterbury House contends, therefore, that it must demolish its current building and build another consistent with its needs.

Moreover, according to Canterbury House, relocation is not a feasible alternative. Canterbury House asserts that in order to serve its student members, many of whom lack transportation, Canterbury House must be located in close proximity to the University of Michigan campus. (Id. at ¶ 27.) Canterbury House alleges that, for years, it has attempted to locate other building sites it could purchase to construct a new church. (Pl.'s MSJ at 5.) It contends, however, that "[v]ery little property that would suit Canterbury House's needs comes on the market" and when it does, "it is sold at very high prices to large developers and the University of Michigan." (Id.) As a result, Canterbury House has not found or acquired suitable alternative property close to the university.

Canterbury House's desire to expand its current facility, coupled with its inability to find alternative property, led Canterbury House to apply for a building permit from the Ann Arbor Historic District Commission (the "Historic Commission") on March 1, 2002¹. Specifically, Canterbury House sought permission to demolish its current building, in order to construct a new building in its place that would enable it to fulfill its religious mission.

Canterbury House submitted detailed plans of its proposed new building in support of its application. (Ex. G to Pl.'s MSJ.) The proposed church would have a larger meeting room to allow extended seating for worship services. In addition, the new church would have "space specifically devoted to meditation, a large dining area, a lounge, a library, an industrial size kitchen, an elevator, an `all purpose room' that can be used for various programs, and other offices and work areas." (Pl.'s MSJ at 7.)

On March 14, 2002, the Historic Commission held a public hearing to discuss, amongst other issues, Canterbury House's permit application. The Historic Commission members generally disfavored the permit because (a) the current building was in good repair, (b) its proposed demolition did not meet the Historic Commission's criteria for granting such permits, and (c) the proposed new building altered the character of the neighborhood, which the Commission believed should be historically preserved. (Ex. H to Pl.'s MSJ at 8-10.) As a result, the proposed demolition and construction was ultimately denied by the Historic Commission. (Id.) Members on the Commission did, however, note that they would consider additions to the present structure. (Id.) Canterbury House has not proposed additions to its present structure.

Thereafter, Canterbury House filed an appeal with the Michigan Department of History, Arts and Libraries State Historic Preservation Review Board pursuant to M.C.L. § 399.211. On September 12, 2002, the State Historic Preservation Review Board affirmed the Historic Commission's decision.

Consequently, Canterbury House filed the instant lawsuit under 42 U.S.C. §§ 1983 and 1988. In its complaint, Canterbury House asserts that the Historic Commission's denial of its permit application to demolish its existing building and construct a new one in its place, violated Canterbury House's rights to free exercise of religion and freedom of assembly as guaranteed by the First Amendment to the United States Constitution, and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc. On August 18, 2004, the parties stipulated to a dismissal of Canterbury House's First Amendment claims. The only claim remaining in this case, therefore, is Plaintiff's claim under the RLUIPA.

I. The Instant Motion

Now before the Court are Plaintiff's motion for summary judgment and Defendants' motion for summary judgment. Plaintiff asserts summary judgment is appropriate on its claim under the RLUIPA, which prohibits a government entity from imposing a substantial burden on one's religious exercise absent a showing that the government action is the least restrictive means of furthering a compelling interest. Plaintiff argues that Defendants' refusal to grant its permit application constitutes a substantial burden on its religious exercise. (Pl.'s MSJ at 12-16.)

In particular, Canterbury House asserts its assembly has sincerely held religious beliefs, which include:

providing a spiritual community for its members, creating a progressive and creative worship experience for its members, offering meditation, prayer and study groups for its members, and continually working to welcome new members into the congregation.

(Id. at 13.) "Having the congregation gather and worship regularly as a whole is also central to Canterbury House's faith and its emphasis on spiritual community", as is community outreach. (Id.)

Plaintiff contends the Historic Commission's permit denial prevents it from engaging in its religious endeavors, and therefore, substantially burdens its free exercise of religion. For example, Plaintiff contends that if it is unable to build a new, expanded church, its congregation may be unable to worship as a whole, as...