Mendham Church Sues Morris County Over Taxpayer Money

MENDHAM, NJ — Two churches in Morris County, including Mendham Methodist 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, Mendham Methodist 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.

Mendham Methodist Church moved to its current location on 10 East Main Street in 1893, according to the lawsuit. The current structure of the church retains notable architectural features such as a prominent bell tower, stained-glass windows, and its original frame.

According to the lawsuit, the church requires extensive repairs, such as a new roof, foundation and bell tower repairs, new paint, and more.

"The roof has weathered to the point that water leaks into the church building when it rains. For a stretch of time, church members had to drape drop cloths over pews that were affected by roof leaks and place buckets throughout the church to catch excess water during multiple services," the lawsuit states.

The Mendham Methodist Church is located on Route 24, which runs through the city of Mendham. The structure is located in the heart of the Mendham Historic District, surrounded by churches, restaurants and shops.

Every day, a large number of pedestrians and drivers pass by the historic church building due to its location. The historical church building, which has hosted numerous town events, has been designated as a historical landmark.

The church is part of the Mendham Historic District, which is on the State and National Registers of Historic Places, the lawsuit states.

In February 2022, the Mendham Methodist Church submitted a grant application to the Morris County Historic Preservation Trust Fund Review Board, stating that they needed the funds for the restoration of the building, according to the lawsuit.

In particular, the request was for funds to re-shingle and paint the church bell tower, repave and reline the parking lot, construct a new roof, a new chimney and a new furnace.

"These renovations and repairs are, by their nature, for historic preservation purposes, as they would preserve the structural and external integrity of the 130-year-old building, including by protecting it from the elements. Despite these qualifications, the Morris County Office of Planning and Preservation rejected Mendham Methodist’s grant application on March 3, 2022," 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."