By ADAM ATKINSON
North Country This Week

CANTON – The Village of Canton has declined a settlement offer from the attorneys representing the Christian Fellowship Center regarding the CFC’s use application for the property at 25 Court St.

The church recently purchased the commercially zoned lot to house its Canton congregation there, but have been denied a use permit based on village code law.

John W. Mauck, of Mauck & Baker LLC of Chicago, issued a statement Friday, March 1, stating that the firm had offered the village a settlement in the matter on Feb. 18 and the village had declined the offer Feb. 27.

“Waiving its possible entitlement to legal fees or damages in the proposal, CFC simply requested that the Village uphold federal laws to allow the church to use its new property as a place of worship,” said the press release.

The Canton Village Board of Trustees met behind closed doors in executive session during a special meeting on Tuesday, Feb. 26 to discuss the litigation.

Mayor Michael Dalton said he had no further comment about meeting or the litigation.

The firm said the CFC will proceed to seek damages and attorney’s fees in the litigation. Damages cited by the attorneys included the cost of renting space at the Best Western where the congregation currently meets and the time to set up for each church service.

Prior to its purchase of the property at the beginning of January, the CFC was denied a use permit by Code Enforcement Officer Jeffrey Murray late last year based on village code. The 25 Court St. property, formerly home of The Club restaurant, is located in the village’s C1 commercial zone. Religious organizations and churches are not listed as allowed uses for properties in the C1 zone, which was set up to concentrate the community’s downtown retail district for commercial and also allow some cultural, charitable, or fraternal use activites.

The village features several other zones, which comprise a large amount of the village properties, that do allow churches, albeit with some variances required in certain instances.

The CFC requested the village Zoning Board of Appeals reinterpret the code enforcement officer’s ruling and allow them a use permit to hold services in the building based on the Religious Land Use and Institutionalized Persons Act (RLUIPA), which prevents religious discrimination in some specific zoning matters. The CFC also asked the ZBA to consider their organization in the same light as fraternal or charitable organization, both of which are allowed in a C1 zone.

The CFC then purchased the property on Jan. 11 for $310,000. The ZBA subsequently upheld the code enforcement officer's ruling, denying the CFC a use permit of the lot on Jan. 16. The ZBA said that the CFC was indeed a church and not a fraternal or charitable organization, and that under the RLUIPA they determined the church was not being treated unequally by having to adhere to village zoning laws, as other organizations and individuals would also have to follow the law.

A second denial by the code enforcer allowing the CFC to use the property for office space, has the ZBA deciding on yet another reinterpretation by request from the church. That board is to convene Monday, March 4, at 7 p.m. to consider overruling the code enforcer’s denial to allow the CFC to use the property as office space.

The attorneys for the CFC said the church had purchased the property because village code requires churches to have a lot size of at least three acres in both residential and business districts.

“Properties with such requirements are severely lacking in the area, which is why CFC purchased its current location,” said the firm.

“We've been looking for properties for over two years, and have come across no 3-acre properties listed for sale,” said Pastor Jamie Sinclair in a statement from the firm. “There was one instance where we considered two properties for sale next to each other, but the lots only amounted to less than 1 acre. We've also considered unlisted lots and checked on a price for one that looked like it might work, but it was not something we could afford.”

“We are disappointed Canton has not accepted a very generous offer,” said John Mauck, attorney for the church. “The only reason the Village has ever given for not allowing the church at 25 Court St. is the theoretical and speculative possibility that someone might want to sell alcohol within 200 feet of the front door of the church. In contrast to Luke 9:58, we estimate there are scores if not hundreds of locations where a new liquor seller could legally operate.”