Church of Our Lord and Savior Jesus Christ v. Markham, No. 18-1432 (7th Cir. 2019)Annotate this Case
The church converted a single-family residence in a Markham residential district into its house of worship. For more than 15 years, the congregation gathered at the house for worship services, choir rehearsals, and Bible studies. As the church grew, it remodeled the house,w which brought the church into contact with the city’s administration through permit applications and property inspections. The city denied a conditional use permit and sought a state court injunctions. The church challenged the zoning code under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc (RLUIPA), and the Illinois Religious Freedom Restoration Act. The district court ordered the church to apply for variances, which the city granted, along with a conditional use permit. The court then granted the city summary judgment, ruling the church’s claims were not ripe when filed and rendered moot. The Seventh Circuit reversed. The district court focused on the church not applying for parking variances before the lawsuit; that issue is related only tangentially to the church’s claims, which concern zoning use classifications. The ripeness of the church’s claims does not hinge on pursuit of parking variances that will not resolve them. Nor can a conditional use permit moot the church’s claim that such a permit is not needed. The key question is whether operating a church on the property is a permitted or conditional use.