Long Valley Church Sues Morris County Over Taxpayer Money

LONG VALLEY, NJ — Two churches in Morris County, including Zion Lutheran Church, have filed a lawsuit against the county, saying that they have been barred from receiving tax dollars meant for the preservation of their historic structures.

The lawsuit, filed on April 28 in U.S. District Court in New Jersey, names Morris County, the Morris County Board of County Commissioners, the Morris County Historic Preservation Trust Fund Review Board, and John Krickus, the county board's commissioner director, as defendants.

According to the lawsuit, Zion Lutheran Church should be eligible for the Historic Preservation Trust Fund, which is supported by a county property tax.

Through this grant program, Morris County distributes funds to qualified organizations for the repair, restoration, and preservation of historic local buildings and resources. The lawsuit claims that excluding houses of worship from the preservation program is unconstitutional religious discrimination.

"Simply put, excluding otherwise-eligible religious organizations from public benefits solely because of the organizations’ religious exercise is 'pure discrimination against religion,'" the lawsuit said.

The Historic Preservation Trust Fund, which was created in 2003, previously allowed churches and religious organizations with historical significance to be eligible for funding. According to the lawsuit, up until 2017, many religious organizations still received funding.

However, in 2018, the New Jersey Supreme Court ruled that the New Jersey Constitution's Religious Aid Clause prohibits state and local governments from providing grants to preserve the architecture of historic churches.

"In the wake of that decision, two churches in Morris County applied for grants to repair their historic church buildings, but defendants rejected their applications, stating that a church is 'ineligible' for funding if it is 'currently used for religious purposes or functions.' This is unconstitutional discrimination on the basis of religion," the lawsuit alleges.

In 1832, the cornerstone of Zion Lutheran’s current building was laid at 11 Schooleys Mountain Road, about 500 feet up the road from their original site.

In order to preserve the building's rich history, Zion Lutheran has made a number of structural improvements. In 1861, the church invested in a number of projects, including a bell tower, a narthex, a steeple, and sanctuary expansion.

The church built two new halls in 1938 and 1967, the lawsuit states.

Zion Lutheran Church is currently in need of assistance in order to preserve the structural and historical integrity of its church building.

Flooding from the nearby Raritan River, for example, has compromised the wiring beneath the church, posing a fire hazard; flooding has also resulted in mold growth in the building, posing a risk to elderly congregants and nursery children, the lawsuit states.

"Without funding to perform necessary upkeep on the building, this 190-year-old historic building is at risk of falling into disrepair," the lawsuit states.

According to the lawsuit, Zion Lutheran cannot afford to make these extensive repairs. The church has been experiencing financial strain as a result of COVID-19.

On Feb. 3, 2023, Zion Lutheran submitted to the Morris County Historic Preservation Trust Fund a declaration of intent to seek funding to deal with mold growth.

"On Feb. 21, 2023, Ray Chang notified Zion Lutheran that '[t]he County determines that this crawl space is considered part of the religious building and thus not eligible for funding consideration,'" the lawsuit states.

In response to the suit, Senator Anthony M. Bucco is calling on the New Jersey Legislature to consider his resolution that would allow public funds to be used for the historic preservation of churches.

"These historic buildings offer a direct connection to our past, to a time when the mere existence of our country was not a sure thing," Bucco said. "The fact that these institutions are not allowed to even apply for county grants is tragic and it undermines the value that these historic sites provide."

Bucco’s resolution, SCR-83, proposes an amendment to the State Constitution that would allow public funds to be used for the historic preservation of churches or other places of worship as part of a historic preservation program.

"No one is saying that historic churches should be awarded county grants, but they should at least be able to apply for them," Bucco added. "Equal treatment under the law is all they are asking for."