Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

The Minority View: The Government May Restrict Church Construction in Residential Zones

Volume 2 . Chapter 7 . § 7-06.2
Key point 7-06.2. Some courts permit local zoning commissions to restrict the location of churches in residential areas.

Some courts are willing to exclude churches from residential zones. Generally, this result has been accomplished in two ways: (1) Courts have simply upheld municipal decisions denying a church's application for a permit to acquire property in a residential zone. These courts reason that the interests of neighboring residents and the integrity of the residential community as a whole outweigh any interest the church has in locating in the zone. (2) Some courts have upheld the legal validity of municipal zoning laws prohibiting churches in residential zones.

In one of the first cases to break from the majority rule, a California ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


Dealing with Dangerous People

Dealing with Dangerous People

Goes through safety measures to ward off dangerous individuals from entering your church.
Immigration & the Church

Immigration & the Church

Keep your church safe and legal and as you strive to serve the immigrant communities in your context.