Lawyers for The Summit Church stood before the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia, on October 28 and asked the judges to keep in place a lower court's order protecting the church's building plans, First Liberty Institute reports. The Chatham County Board in North Carolina had appealed a preliminary injunction that a district court granted in the church's favor. First Liberty argued alongside Hunton Andrews Kurth LLP and Michael Best & Friedrich LLP, and the Department of Justice also took part in oral argument in support of the church.

The dispute began after significant growth at the church's Chapel Hill Campus, according to First Liberty. The church sought a permanent location for a new building, and when a parcel became available directly across the street from a shopping center, retail space and professional offices, it submitted a rezoning request. First Liberty says the church was first told the request was consistent with the county's comprehensive plan, and one board member said there were not really any clear reasons to object.

Then came the public comments. First Liberty says some attendees objected to the size of the proposed building and criticized the church's conservative religious beliefs. At a later hearing, the board chairperson stopped further comments and said, "I have heard nothing…that is going to change my perspective…Chatham County is not a place to call home for that size of a church." The board denied the proposal, but the district court granted a preliminary injunction in favor of the church.

The case turns on the Religious Land Use and Institutionalized Persons Act, known as RLUIPA. Ryan Gardner, Senior Counsel for First Liberty, said Congress passed the law with overwhelming bipartisan support to protect houses of worship and religious institutions, and that the team "made our case today that the County violated the law and that the district court was correct to issue an injunction." Elbert Lin of Hunton Andrews Kurth, who argued the case, said the law was meant to provide the exact protection the district court granted. Keith Richardson of Michael Best & Friedrich said the firms are optimistic the Fourth Circuit will uphold the order.

In its brief, the Justice Department wrote that RLUIPA clearly authorizes district courts to enjoin land use regulations that violate its terms, and that a local government cannot use state law definitions or classifications to insulate its actions from federal relief. The judges now have the case. James 1:5 promises wisdom to those who ask, so ask it for them, and ask patience for a congregation still waiting to learn where it may build and worship.

Read James 1:5