Northridge Church v. Charter Twp. of Plymouth, No. 09-2388 (6th Cir. 2011)
Annotate this CaseIn 1994 the township denied a special permit for construction of a church and related structures, consisting of 220,000 square feet of building area, more than 1,350 parking spaces, and a seating capacity of 4,000 people in the main auditorium/worship center on a 55.8-acre plot zoned for agricultural use. The parties later entered a consent judgment, permitting the church with a number of limitations. Because of growth and a desire to add services, the church moved to reopen the case in 2008 to set aside the consent judgment. The trial court denied the motion. The Sixth Circuit affirmed. After rejecting an argument that the judgment was void under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc, the court noted that the changed circumstances on which the church based its Fed. R. Civ. P. 60(b)(5) argument were voluntary and within the church's control. The fact that case law has clarified the law under RLUIPA does not justify reopening the case.
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