Redeemed Christian Church of God (Victory Temple) Bowie v. Prince George's Cnty.

• Decision Date: 09 September 2020
• Docket Number: Civil Action No. DKC 19-3367
• Citation: 485 F.Supp.3d 594
• Parties: The REDEEMED CHRISTIAN CHURCH OF GOD (VICTORY TEMPLE) BOWIE, MARYLAND v. PRINCE GEORGE'S COUNTY, MARYLAND
• Court: U.S. District Court — District of Maryland

485 F.Supp.3d 594

The REDEEMED CHRISTIAN CHURCH OF GOD (VICTORY TEMPLE) BOWIE, MARYLAND

v.PRINCE GEORGE'S COUNTY, MARYLAND

Civil Action No. DKC 19-3367

United States District Court, D. Maryland.

Filed September 9, 2020

Joseph C. Dugan, Meghan Kathleen Casey, Ward B. Coe, III, Gallagher Evelius & Jones LLP, Baltimore, MD, for The Redeemed Christian Church of God (Victory Temple) Bowie, Maryland.

Donald A. Rea, Saul Ewing LLP, Ashley N. Fellona, Baltimore, MD, for Maryland Prince George's County.

MEMORANDUM OPINION

DEBORAH K. CHASANOW, United States District Judge

The Redeemed Christian Church of God (Victory Temple) Bowie, Maryland ("Plaintiff" or "Victory Temple") filed this lawsuit against Prince George's County, Maryland ("Defendant" or "the County") alleging that the County's denial of Victory Temple's application for an amendment to the Prince George's County Water and Sewer Plan violated the substantial burden provision of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). (ECF No. 1). Victory Temple sought a preliminary injunction but, following a denial of the County's motion to dismiss (ECF No. 20), the parties agreed to expedited discovery and a bench trial. The County moved to amend its answer (ECF No. 34), and then filed a supplemental modifying the request (ECF No. 35). Victory Temple had consented to the motion as modified, and it will be granted. The parties submitted trial briefs (ECF Nos. 46; 47), and the three-day bench trial occurred over Zoomgov.com from June 23 to June 25, 2020. The court now issues findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).

I. Background

Victory Temple is a religious congregation of the Redeemed Christian Church of God ("RCCG"). The RCCG is an evangelical church and was founded in Nigeria in 1952. There are 40,000 RCCG parishes globally, including 700 RCCG parishes within the United States. The RCCG's main goal is to win souls and it aims to accomplish that goal by "plant[ing] churches within five minutes walking distance in every city and town of developing countries and within [ten] minutes driving distance in every city and town of developed countries." Pl.’s Trial Ex. 1, at 2.

Pastor Adebayo Adeyokunnu ("Pastor Bayo") is Victory Temple's pastor. Pastor Bayo founded Victory Temple in August 1996 in Laurel, Maryland. In 2000, Victory Temple purchased property located at 13701 Old Annapolis Road (the "Old Annapolis Road property") in Bowie, Maryland. The Old Annapolis Road property formerly functioned as a furniture store and Victory Temple renovated and repurposed it. In 2002, Victory Temple began using the Old Annapolis Road property as a church. Thus, as of 2002, there were two Victory Temple parishes in Maryland: one in Laurel, Maryland and one in Bowie, Maryland.

Since opening at the Old Annapolis Road property, Victory Temple's membership has grown from 500 members in 2002 to over 2,000 members currently.¹ The Old Annapolis Road property has an occupancy limit of 521 total seats. Pl.’s Trial Ex. 51. In 2012, Victory Temple began leasing a neighboring property, 13633 Old Annapolis Road in Bowie, Maryland. Pl.’s Trial Ex. 5. Victory Temple uses the leased property as a place of worship for its teenaged members. Additionally, Victory Temple occasionally rents 13711 Old Annapolis Road and uses it as an extension for additional capacity. Pl.’s Trial Ex. 9. Thus, in addition to the Old Annapolis Road property, Victory Temple utilizes at least two additional properties to accommodate its growing congregation.²

Victory Temple began searching for land to purchase for building a new church approximately seven years ago. Victory Temple also started a building fund and parishioners began contributing to it. The space limitations of the Old Annapolis Road property prompted the search. Victory Temple's services were too crowded and the parking lot at the Old Annapolis Road property was insufficient. Pastor Bayo testified that when the parking lot is full, parishioners park on Old Annapolis Road and Victory Temple employs off-duty police officers to help manage their cars. The Old Annapolis Road property does not have a fellowship hall where the Victory Temple congregation may gather as one community. Pastor Bayo explained that parishioners currently meet in the lobby and the parking lot after services.

Victory Temple created a building committee to search for new land and employed a realtor. The first property that Victory Temple considered was Outlots A, B, and C in the Mount Oak Estates Subdivision (the "Westbrook property"). The Westbrook property is in Bowie, a requirement for the property to be considered for purchase. Victory Temple hired an engineering firm, Ben Dyer Associates, Inc. ("BDA"), to analyze the Westbrook property. In February 2016, BDA prepared a feasibility study and presented its findings to Victory Temple.³ Based on BDA's feasibility study, Victory Temple decided against purchasing the Westbrook property.

Victory Temple continued its search. The next property Victory Temple considered was 14403 Mount Oak Road (the "Mount Oak Road property"). The Mount Oak Road property is also in Bowie, near the intersection of Church Road and Mount Oak Road. In April 2017, Victory Temple again engaged BDA to perform a feasibility study. Pl.’s Trial Ex. 18. Pastor Bayo understood that the feasibility study would analyze Victory Temple's ability to build a church on the property. Pastor Bayo also understood that BDA would analyze the property for water and sewer service.

On August 22, 2017, BDA presented its feasibility study for the Mount Oak Road property to Victory Temple. Pl.’s Trial Ex. 19. The feasibility study noted that the Mount Oak Road property "is currently zoned R-E[ ]" and that "[a] church is a use by right in this zone and development of this use is permitted pursuant to the preparation of a Preliminary Plan of Subdivision and a Detailed Site Plan." Id. , at 1. The feasibility study also explained that the Mount Oak Road property "is in water and sewer category 5, an area planned for a future community water and sewer system." Id. , at 3. BDA concluded that "the proposed church is feasible." Id. , at 4. Based on the feasibility study, Pastor Bayo testified he was "fully convinced" building a church on the Mount Oak Road property was possible. Victory Temple purchased the Mount Oak Road property in February 2018.

The crux of this action is the County's denial of Victory Temple's application to amend its water and sewer category from Category 5 – Future Community Service to Category 4 – Community System Adequate for Development Planning.

A. Process

Two plans are particularly relevant to this case: the Plan Prince George's County 2035 Approved General Plan ("Plan 2035") and the Prince George's County Water and Sewer Plan (the "Water and Sewer Plan").

1. Plan 2035

Plan 2035 is a 20-year general plan and "blueprint for long-term growth and development in Prince George's County." Stip. Ex. 4, at 5. Plan 2035 "take[s] a comprehensive view of [the County's] opportunities and challenges[ ]" and "uses that information to create a bold new vision, countywide land use plan, and implementation framework." Id. at 8. "Plan 2035 does not take a property-level view of the County or change land use designations or zoning on individual properties." Id.

Two maps "establish the framework for achieving the Plan 2035 vision – the Growth Policy Map and the Strategic Investment Map." Stip. Ex. 4, at 14. "The Growth Policy Map reflects the Plan 2035 vision and visually communicates where and how Prince George's County should grow over the next 20 years[.]" Id. "The Strategic Investment Map identifies where [Prince George's County] should invest the majority of county, state, and federal resources in the near- and mid-term in order to create meaningful long-term change and increase [its] commercial tax base." Id.

The Growth Policy Map introduces six new area classifications: (1) employment areas; (2) established communities; (3) future water and sewer service areas; (4) local centers; (5) regional transit districts; and (6) rural and agricultural areas. Stip. Ex. 4, at 18. It also demarcates "the growth boundary." Id. "The growth boundary is important because it designates the areas that are eligible to receive public water and [sewer] service and impacts where [Prince George's County] grow[s] and develop[s]." Id. The Mount Oak Road property is within the growth boundary and classified as a future water and sewer service area. Plan 2035 describes the future water and sewer service area classification as follows:

Development is largely determined by the availability and capacity of water and sewer service (see Growth Boundary on Page 18). Controlling the expansion of water and sewer service is the easiest and most effective way a jurisdiction can manage and phase growth. Plan 2035 recommends placing properties that are located within the Growth Boundary, but which have not been approved for a water and sewer category change (which would allow for denser development) in Future Water and Sewer Service Areas. The Future Water and Sewer Service Areas are holding zones in which near-term development is deferred until additional residential capacity is required.

Id. at 20.

The Strategic Investment Map helps Prince George's County "determine where and how to focus [its] Capital Improvement Program" and targets public sector funding and incentives to four areas: (1) downtowns; (2) the innovation corridor; (3) neighborhood revitalization; and (4) priority preservation areas. Stip. Ex. 4, at 21; see also Stip. Ex. 5, at 2-22. The Mount Oak Property is not within an area identified for strategic investment by the Strategic Investment Map.

2. The Water and Sewer Plan

The Water and Sewer Plan implements Plan 2035. Stip. Ex. 5, at 1-1. The Water and Sewer Plan "implements the land use and development policies set by the County[ ]" and "guides the County planning...