BY Benjamin ClarkJune 27, 2025
8 months ago
BY 
 | June 27, 2025
8 months ago

Judge halts Chatham County church zoning denial

A federal judge has temporarily blocked Chatham County, North Carolina, from enforcing a rezoning denial that had prevented an evangelical megachurch from expanding its Chapel Hill campus.

The Summit Church filed a religious discrimination lawsuit against Chatham County after its rezoning attempt for nearly 100 acres was rejected, prompting a federal judge to intervene with a preliminary injunction, The Christian Post reported.

The dispute began last December when the Chatham County Board of Commissioners voted against a rezoning request from The Summit Church. The church, led by former Southern Baptist Convention president J.D. Greear, sought approval to use the land for expanding its Chapel Hill campus. The application aimed to rezone nearly 100 acres to accommodate religious facilities.

Church Claims Religious Freedom Violations

Following the denial, The Summit Church responded by taking legal action in early 2025. The lawsuit alleged that the county’s decision violated constitutional rights under the First and Fourteenth Amendments. It also cited federal protections offered by the Religious Land Use and Institutionalized Persons Act (RLUIPA).

The church’s legal pleadings requested both preliminary and permanent injunctive relief from the court. In addition, they asked for a declaratory judgment confirming their rights, reimbursement for legal costs, monetary damages, and any other appropriate legal remedies.

On a Friday in 2025, U.S. District Judge William Osteen Jr. delivered a 50-page memorandum detailing his findings on the case. In his opinion, the judge noted that the church had a strong chance of succeeding in proving that the county’s decision placed a substantial burden on its ability to exercise religious worship practices.

Judge Grants Limited Injunction for Now

Judge Osteen granted a preliminary prohibitory injunction preventing Chatham County from acting on its previous denial. However, he declined to issue a mandatory injunction, which would have forced the county to approve the rezoning request outright. The judge expressed concern that such an order could overstep the bounds of federal authority into local governance.

The court emphasized that while public interest supports religious liberty, compelling a local government to act before final judgment could pose significant risks. “Mandatory injunctions are highly disfavored,” Osteen wrote, adding that this is especially true when a federal court would be directing local governance procedures.

Osteen also considered what might happen if the final legal outcome differed from the preliminary findings. He warned of the "significant potential harm" should the church begin construction and later lose the suit. In such a case, the result could be an improperly or partially built structure that would negatively impact the community.

Bond Requirement and Federal Support

As a condition for enforcing the preliminary injunction, Judge Osteen required The Summit Church to post a bond of $2,000. Once filed, the court’s decision renders the December 2024 rezoning denial ineffective unless a future order is made reversing it. This move opens the door for the church to protect its rights pending a final ruling.

In a development that added weight to the church’s claims, the U.S. Department of Justice filed a statement supporting The Summit Church in April 2025. The DOJ filed the brief two weeks after Chatham County sought dismissal of the case. The federal agency’s involvement emphasized the national implications of the dispute.

Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division affirmed that RLUIPA was established to prevent the kind of local government interference alleged in the case. “RLUIPA protects the rights of religious groups to exercise their faith free from the precise type of undue government interference exhibited here,” she said.

Next Phase of Legal Battle Unfolds

Judge Osteen echoed this defense of religious liberty, stating in his order that both the public and the plaintiff have a strong interest in upholding these freedoms. He agreed with the church's claim that any injunctions safeguarding First Amendment rights serve the public good. However, he maintained caution in delivering irreversible directives ahead of a final resolution.

The case will now move toward a trial or settlement, during which both sides will likely present further evidence. For now, though, The Summit Church can temporarily set aside the rezoning denial and prepare for the next stages in the legal and land-use processes.

This ruling highlights the challenges religious organizations may face in expanding their physical presence when met with local zoning resistance. It also underscores the legal framework established by federal law that seeks to balance religious freedoms with local land-use governance.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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