The Bergen Record wrote about this recently, "Law gives congregations a potent weapon against towns" Monday, February 19, 2007:
By JOHN CHADWICKThe list of open issues includes these:
STAFF WRITER
CARMINE GALASSO / THE RECORDMass at St. Joseph's Korean Catholic Church. Rockleigh opposes its plan to build an edifice. A federal law, though, may be on the congregation's side.
The tiny borough of Rockleigh is waging a battle that many larger communities have lost: It's trying to block a religious congregation's building plans.
The dispute has reached the state's highest court, where a ruling could have ramifications far beyond the borough's borders.
Indeed, a Korean Catholic congregation's case against Rockleigh highlights a growing conflict between two cherished American principles: the right of communities to control their growth versus the free exercise of religion.
And in North Jersey, that conflict has sparked battles in several towns, including Clifton, Wayne, Hackensack, Haworth and Englewood. In the Morris County community of Rockaway Township, years of fighting are drawing to a close as the Planning Board last week signed off on a proposal to build one of the largest churches in the state.
Religious groups say the problem is simple: a subtle form of discrimination aimed at keeping out tax-exempt congregations.
Towns vs. churches
Rockleigh: St. Joseph's Korean Catholic Church is seeking to build a sanctuary on a vacant tract off Paris Avenue. The case is now before the state Supreme Court.
Haworth: St. Gabriel's Orthodox Church has proposed building a church on Sunset Avenue. A state judge nullified the Planning Board's approval and said the plan must be heard by the zon- ing board. The church is appealing.
Hackensack: New Hope Baptist Church of First Street has been trying for years to build a 12,000-square-foot family life center. The Planning Board has twice rejected the plan, but the church has obtained reversals in state Superior Court and the Appellate Division of Superior Court.
Englewood: The East Hill Synagogue filed a federal lawsuit against the city in response to a move by the Planning Board to limit the use of a tent in the temple's parking lot.
Wayne: A Paterson-based Islamic group wants to build a mosque on an 11-acre tract at Colfax Avenue and Hamburg Turnpike. Township officials want to preserve the site as open space. The mosque has filed a federal suit in response.
Clifton: The House of Fire Church wants to build a sanctuary amid a residential block on Grove Street. The city Board of Adjustment rejected the plan, but the congregation successfully appealed to Superior Court. The project is expected to go back to the board for further review.
Rockaway Township: After years of battle, the Planning Board has approved Christ Church's plan for a megachurch – a somewhat scaled-down version of the original plan. The project includes a 2,500-seat sanctuary and a school for Grades K-5.
Is there any good reason that a church shouldn't be paying property taxes?
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