Trinity Resources, Inc. v. Twp. of Delanco
| Decision Date | 10 February 1994 |
| Docket Number | Civ. A. No. 93-5197 (MLP). |
| Citation | 842 F. Supp. 782 |
| Parties | TRINITY RESOURCES, INC.; Trinity Fellowship Church of South Jersey; Rev. Abraham E. Fenton; Eve Lynne E. Fenton; Rev. Richard W. Minus; Plaintiffs, v. TWP. OF DELANCO; Robert Bellan; Twp. of Delanco Committee; Edward Schaefer; Clarence Hubbs; Twp. of Delanco Planning Board; Twp. of Delanco Zoning Board; Twp. of Delanco Tax Assessor and Collector; Defendants. |
| Court | U.S. District Court — District of New Jersey |
Alicia E. Fenton, Pepper, Hamilton & Scheetz, Westmont, NJ, for plaintiffs.
Nicholas J. Costa, Costa & Vetra, Mount Laurel, NJ, for defendants.
Plaintiffs are Trinity Resources, Inc., ("the Corporation"), a New Jersey for-profit corporation having its principal place of business in Delanco Township, New Jersey; Trinity Fellowship Church ("the Church"), a New Jersey non-profit corporation IRS § 501(c)(3); Rev. Abraham E. Fenton who is President of the Corporation and Senior Minister of the Church; Eve Lynne R. Fenton, who is Vice-President of the Corporation and Administrator of the Church; and Richard W. Minus who is Minister of Pastoral Care for the Church.
Defendants are the Township of Delanco, New Jersey ("the Township"); the Township Committee; Robert Bellan who is the Mayor of the Township; Township Committee members Joan Hinkle and Linda Lewis; the Planning Board of the Township; the Zoning Board of the Township; Owen Brennan who is the Township Zoning Officer; and Edward Schaefer and Clarence Hubbs, who are respectively the current and former Construction Code Official for the Township; the Township Tax Collection Department; and Donn Lamon, who is the Township Tax Collector.1
Plaintiffs bring this action under 42 U.S.C. §§ 1983 and 1985, asserting deprivation of their rights under the First, Ninth and Fourteenth Amendments to the U.S. Constitution arising out of official actions taken by defendants with respect to plaintiffs' use of property owned by the Corporation which is located partially within the Township and which is known as Holiday Lakes. By Verified Complaint filed on November 22, 1993, plaintiffs seek damages, declaratory judgment and related relief under various constitutional principles.2 Their basic grievance is that they have been and are being deprived of their religious rights by defendants, acting under color of state and local laws.
The Verified Complaint was filed with an application for temporary restraining order or preliminary injunction.3 By Order entered November 24, 1993, Hon. Anne E. Thompson temporarily assigned denied the motion for temporary restraints and set the matter down for preliminary injunction hearing. That hearing was conducted before the undersigned on December 8, 15, 28, 1993 and January 4, 1994. The record consisted of the exhibits attached to the Verified Complaint; ("Complaint Exhibits") the exhibits attached to a Certification of defense counsel Nicholas J. Costa dated December 2, 1993 ("Costa Certification Exhibits"); exhibits received in evidence for purposes of the injunctive application ("Hearing Exhibits"); and the testimony of witnesses presented by the respective parties.4
The Court hereby issues its findings of fact and conclusions of law, as required under Fed.R.Civ.P. 52(a). For the reasons stated, the application for preliminary injunction is denied at this time, and the action is administratively stayed on motion of the Court sua sponte.
The Township of Delanco ("the Township") is an incorporated municipality of approximately 2 square miles with a population of 3,300, located in Burlington County, New Jersey. In November, 1987, the plaintiff Corporation purchased a property of approximately 60 acres ("the property") lying partially within the Township and partially within two neighboring municipalities. The property, known as Holiday Lakes, is located in the C Commercial District zone of the Township, and for many years had been operated by the previous owner(s) as an outdoor recreational facility available to the paying public pursuant to an annually-renewed mercantile license issued by the Township.
At the time of purchase by plaintiffs, the property had two lakes, some cabanas and other small structures, two golf courses, a retail shop selling ice cream, a larger building variously referred to as a snack bar or concession facility, and large areas available for parking and outdoor activities such as picnics.5 It had typically been made available for a fee to groups such as families, clubs and churches holding reunions and other recreational outings which sometimes included religious services. After plaintiffs purchased the property in late 1987, they applied for and received from the Township Committee in June 1988 an annual mercantile license similar to the ones previously issued (Hearing Exhibit P-1). That license, containing certain limitations and conditions, was reissued in the following two years of 1989 and 1990 (Hearing Exhibit P-2). Testimony was presented that during the summers of 1988 and 1989, and until July of 1990, plaintiffs operated the property as a recreational facility open to the public in essentially the same manner as it had been operated under the previous owners (Hearing Exhibit P-14). Extensive storm damage to outdoor electrical equipment occurred in July, 1990 and plaintiffs discontinued their fee-charging activities rather than undergo the expense of repairing that equipment. Nevertheless, according to plaintiffs, since that time some of the same types of activities have continued to be conducted on the property, at a lower level of frequency and without any fees being charged to the visiting groups.
The condition of the snack bar/concession stand building was in extreme disrepair at the time of plaintiffs' purchase in 1987. During 1988 and 1989 plaintiffs made some fairly extensive repair and remodeling changes to that building, including removing the brokendown flat roof which had in earlier years been used for rooftop dancing and replacing it with an A-frame gabled roof; enclosing the center portion of the building which had previously been an open breezeway, thus creating a large assembly room inside; moving certain wall partitions inside to create additional small rooms for office use and the like; enlarging and upgrading the restrooms; and installing new lighting and ceiling systems. The former concession stand then came to be called the multi-purpose building.
Plaintiffs' non-profit religious organization, Trinity Fellowship Church ("the Church"), had a congregation which in 1987 was conducting its meetings and services in a high school building in a neighboring municipality. In June of 1989 they were notified that they would have to find a new location because of asbestos problems in the school building. As of July, 1989 they began holding their regular Sunday services, as well as other evening and weekend services and meetings, in the renovated multi-purpose building ("the building"). Offices of staff for both the Church and the Corporation were also established in the building at about that time. Those religious meetings and services have been conducted in the building, year-round, continuously since that time through the present, with one interruption on Sunday, October 17, 1993 as more particularly described below.
The Church, according to the testimony of plaintiffs Rev. Abraham Fenton and his wife Mrs. Eve Fenton, both of whom are ordained ministers, adheres to the Christian religious tradition and beliefs. Its services include prayer, singing, taking of a collection, preaching and fellowship. The services are conducted in the large assembly room of the building, which room is also used by other groups for non-religious purposes such as seminars and dinners at various times. There are no architectural or design features of the exterior or interior of the building which would denote the building as a church structure, such as a steeple, stained glass windows, statues, crucifixes or altar. Rev. Fenton described in his testimony that he has founded several church organizations, and that although none of them during his tenure enjoyed the advantage of having its own church building, in his perspective as a Christian minister, a "church" is created when faithful persons gather to pray and worship, wherever they may be located at the time.6
It is undisputed that the zoning ordinance of the Township does not permit a "church" in the C Commercial District zone, although it is a permitted use in the R-2 Residential District zone. (Compl.Ex. O: Chapter 102 of Delanco Code; Compl.Ex. E: Township Zoning Map). The term "church" is not specifically defined in that zoning ordinance.
It is necessary to summarize here the history of the official actions taken by plaintiffs and various of the defendants pertaining to the property.
Holiday Lakes was purchased by the Corporation in November, 1987. The Church is the majority shareholder of the Corporation, which Rev. Fenton testified was formed for the purpose of acquiring the property. On May 25, 1988, the Corporation applied to the Planning Board and on or about that date was granted a "site plan waiver" (Compl.Ex. D) which stated that the use of the property would be as a recreational facility (as it had been under the prior owners). Shortly thereafter, plaintiffs or their contractors obtained a series of construction permits for the anticipated repairs and renovations to the building. These construction permits dated between approximately 1988 and 1989 and were issued by the Township Construction Official at the time, defendant Clarence Hubbs.7 Additional permits were obtained from Construction Official Hubbs at later times, for additional changes or repairs to the property or the building.
The operation of Holiday Lakes by the Corporation as a recreational...
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