A pastor of a home-based church in Rogers, Minnesota, is facing a city government cease-and-desist order after a complaint was allegedly filed by a neighbor.
According to the Minnesota-based Alpha News publication that obtained a copy of the letter sent by the city of Rogers Development Director Brett Angell, the pastor for The Edge Christian Fellowship, Martin Bownik, is violating a zoning ordinance stating that “religious assembly is a principal use within the zoning district for your property and not allowed accessory use.”
“The use of your residence as a religious assembly is in direct violation of this code,” Mr. Angell told Mr. Bownik in a Nov. 17 letter. “Lastly, this use would be in violation of the Minnesota State Fire Code and Minnesota Building Code.”
A pastor of a home-based church in Rogers, Minnesota, is facing a city government cease-and-desist order after a complaint was allegedly filed by a neighbor.
According to the Minnesota-based Alpha News publication that obtained a copy of the letter sent by the city of Rogers Development Director Brett Angell, the pastor for The Edge Christian Fellowship, Martin Bownik, is violating a zoning ordinance stating that “religious assembly is a principal use within the zoning district for your property and not allowed accessory use.”
“The use of your residence as a religious assembly is in direct violation of this code,” Mr. Angell told Mr. Bownik in a Nov. 17 letter. “Lastly, this use would be in violation of the Minnesota State Fire Code and Minnesota Building Code.”
Mr. Bownik referenced the Religious Land Use and Institutionalized Persons Act of 2000, which he said—in addition to the First Amendment—supports his argument.
The congressional law applies if a “substantial burden is imposed in the implementation of a land use regulation or system of land use regulations, under which a government makes, or has in place formal or informal procedures or practices that permit the government to make, individualized assessments of the proposed uses for the property involved.”
“No government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution,” the law states.
Mr. Bownik received the letter—which he called “aggressive”—before Thanksgiving. The number to call on the letter was incorrect, so he drove to City Hall, where he found that the letter’s author had gone on vacation, he said. (FULL REPORT)
