Gospel Fellowship Church Files Lawsuit

, a primarily Korean congregation whose application to move into the former Riverview Racquetball Club building was denied, has filed a lawsuit in Superior Court appealing the decision of the Planning Board. 

The church, currently located in Bergenfield, wants to move into the Riverview Racquetball Club facility on Henley Ave., but was in December. The board cited increased flooding, and the number of congregants as reasons for denial. 

Elliot Urdang, a land use and zoning attorney who is representing Gospel Fellowship Church in the lawsuit, told Patch that the complaint contains two counts. 

"It is the opinion of Gospel Fellowship Church that the decision of the Planning Board was arbitrary, capricious and unreasonable," Urdang said.

"The church was applying under a prior application that had already been approved."

In fact, Urdang had represented Riverview Racquetball Club when they went before the Planning Board with their site plan application in 2007. 

Urdang said that the reasons for denial were "speculative, unreasonable and vague."  

"There was already a complying application," he added. 

Urdang also explained that the board did not take into consideration that a church is "inherently beneficial to the public good." Under land use law, an inherently beneficial use is a use that promotes the general welfare of the community and is considered to be needed by the community. Schools, hospitals, low-income housing and churches fall under this beneficial use category.

The suit also claims that the denial of the application is in opposition to the Religious Land Use and Institutionalized Persons Act (RLUIPA), a law unanimously passed by Congress in 2000. 

This federal law protects religious institutions from "unduly burdensome or discriminatory land use regulations." During hearings on the legislation, Congress found that places of worship, especially minority religions and start-up churches, were "disproportionately affected," and often "actively discriminated against" by local land use decisions. 

"By refusing to approve the site plan [the Planning Board] is causing a substantial burden on the members of this church," Urdang said. "All they're trying to do is worship."

Under RLUIPA, a governmental body must show a compelling reason why the application should not be granted.

Urdang argues that the reasons cited by the planning board are not compelling reasons for denial.

"Flooding is unfortunate, but it's not caused by the church. It's caused because the Hackensack River overflows," Urdang said. "And approval was already given to Riverview, so why is this an issue now?"

In addition to concerns regarding increased flooding with the removal of vegetation and increased traffic, some residents cited the loss of tax revenues if the church occupied the racquetball space. 

But section 2(b)(3)(A) of the RLUIPA states that towns cannot enact laws to block churches or other houses of worship solely to preserve tax revenues.    

In its lawsuit, Gospel Fellowship Church seeks reversal of the Board's decision and reimbursement of attorney fees and associated costs.