Court allows Catholic elementary school construction despite zoning officials’ roadblock
ALLIANCE DEFENSE FUND NEWS RELEASE
May 23, 2008 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom
Court allows Catholic elementary school construction
despite zoning officials’ roadblock
ADF-allied attorneys obtain court orders that will permit
Ga. school to build despite city’s efforts against it
LAWRENCEVILLE, Ga. — A Georgia court granted a temporary restraining order and preliminary injunction against the city of Suwanee Friday, allowing construction of a Catholic elementary school to begin. After the City of Suwanee prevented Notre Dame Academy from building on property already zoned for its use, Alliance Defense Fund allied attorneys filed a lawsuit on the academy’s behalf.
“Religious schools should not be singled out for discrimination by a city’s zoning restrictions,” said ADF Senior Counsel Joe Infranco. “Federal law prevents zoning officials from singling out religious organizations for discriminatory treatment. We are greatly pleased that construction of the elementary school can begin so that children can benefit from it sooner rather than later.”
Suwanee’s zoning officials issued a 90-day moratorium to stop construction when they discovered the academy’s plans to build. Shortly afterward, the city also prepared to institute new special use permitting requirements. The court found that the actions were likely discriminatory and a violation of the Religious Land Use and Institutionalized Persons Act (RLIUPA), a federal law that prevents government officials from subjecting religious organizations to unduly burdensome zoning regulations.
The court found that the academy “is subjected to the possibility of having the Land become subject to discriminatory land use regulations causing unnecessary delays, uncertainty and expense should the Proposed Amendment be adopted by the City of Suwanee at its meeting on May 27, 2008. Furthermore, the Moratorium has already illegally and discriminatorily impeded Notre Dame’s efforts to proceed with its plans to relocate its school campus to the City of Suwanee.”
“The city had no right to increase bureaucracy for the Catholic school,” said ADF-allied attorney Jonathan Crumly, who represented the academy. “We hope other cities will understand the rights that religious schools have under federal law.”
A copy of the temporary restraining order and preliminary injunction order from the Superior Court of Gwinnett County in Notre Dame Academy v. City of Suwanee is available at www.telladf.org/UserDocs/NotreDameAcademyTRO.pdf.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.