Justice Department backs New Hampshire church in lawsuit

Federal prosecutors on Tuesday filed a statement of interest supporting a Christian congregation in a zoning fight with a town in southern central New Hampshire. A church based in a home with a renovated barn and 5 acres of property sued the town of Weare in February 2024, after the town demanded a site plan review. The church alleged that the town violated the Religious Land Use and Institutionalized Persons Act by weaponizing local zoning laws. The federal law protects religious groups from discrimination through unnecessarily burdensome or unequal application of land use regulations, according to a Wednesday statement from the Justice Department.

According to federal prosecutors:

• Town officials previously allowed the property to host secular events like political rallies, backgammon tournaments, and weddings without any issue but ordered a formal site review once the church started meeting on the property.

• The church and pastor sued the town, alleging that the threatened fines violated the federal Religious Land Use law and discriminated against religious exercise compared to secular land use.

• Town officials filed a summary judgment motion arguing that the church’s claims were not strong enough to be heard before a court. The Justice Department’s Tuesday filing disputed this claim, arguing that the church’s lawsuit is primed for judicial review despite not conducting the site review. The federal religious land law allowed plaintiffs to sue before exhausting all administrative appeals, the Justice Department noted.

Dig deeper: Read my reports on other religious land use lawsuits that federal prosecutors got involved in, including a church’s zoning battle in California and North Carolina.