Church Sues Over Parking Lot Mandate

A church in Gloucester, Mass., has sued its local government, which denied zoning approval because plans for a new $550,000 church structure do not include an on-site parking lot.

The Gloucester Times in Gloucester, Mass., reported that Orthodox Congregational Church of Lanesville filed suit Monday, May 19 in U.S. District Court in Boston. Members are claiming the city is violating their First Amendment rights to “freedom of religion” and “freedom of speech,” as well as their 14th Amendment rights to equal protection.

City Building Inspector William Sanborn had initially given the church, founded in 1830, the go-ahead for the new proposed fellowship hall – sans parking lot – until neighbors got wind of the plans and concluded that no parking lot means a decreased number of available on-street parking spots. They appealed to the zoning board members, who considered the concerns and ruled against the church in March. Sanborn made his decision based on the zoning ordinance, which reportedly excludes houses of worship from the on-site parking requirement.

Church officials seek a court order demanding that the city allow them to build their fellowship hall without a parking lot. The church also hopes to recoup legal costs, fees and unspecified compensatory damages, as the church razed a parish house to make room for the new building that was first approved and then disallowed. Pastor Peter Aberle, who oversees the church’s family and youth programs, said the members met as a collective body and made the decision to sue.

Lawyers for the church wrote that the church instructed architects to design the new buildings in ways that would aesthetically appeal to the neighbors. Church officials say they have been mindful of neighbors’ concerns throughout the process.

The church was reportedly becoming more crowded and need more space, especially for children. The new multiuse building would have likely had events occurring on multiples days of the week, not just Sundays. It is not clear in the article why the church did not include a parking lot in its original plans.

Lanesville is a small sub-community within the boundaries of Gloucester, a city of about 30,000 people, located about 40 miles northeast of Boston. Both parties agree the area has a severe parking shortage. At this time, a street adjacent to the main church building becomes one-way Sunday mornings to allow more on-street parking.

Church Solutions reported in March about an Iowa church. Also, these churches in Illinois and Michigan have encountered zoning obstacles and are seeking legal reinforcements.