Easily defussed... The Lighthouse Board of Trustees & Directors met this morning and will sanction a Binding Corporate Resolution to "waive" it's rights to hinder Liquor Licenses in the Broadway Development Zone. Allowing all the liquor licenses the City desires even right next store to the church owned building. The Rev. Brown is so confident that he is planning on opening for church services right before Christmas.
The arguement which pursuaded only 2 of the three circuit court Judges in the decision, was the Cty's concern, that the power it would be giving the church to deny liquor licenses was power they did not constitutionally have. It was the only reason the Federal court favored the city's economic development plan over the religious rights of a church, who had it's religious civil rights violated from 1995 to the present, more than 12 years. The Panel also remanded the matter back to the district for the sole purposes of determining damages. The church demand for damages was originally $ 18,777,777.00. A jury trial could be conviened as early as Spring 2008. The same panel agreed unanimously, that Long Branch's C - 1 Zone was illegal and violated the constituion and RLUIPA! The move on the part of the church board, to profer a "Binding" corporate resolution to waive their right to object, is provided for in the State Statute, 33:1-76. The Binding resolution was not a matter before the Panel, and could turn the entire controversy on it's merits in favor of the victim's of the Lighthouse Mission, in as much as the City has already been found guilty of civil rights violations. The Binding corporate resolution, shows the church is very supportive of the economic revitalization of lower Broadway. Interesting foot note, Rev. Kevin Brown, prior to becomeing a minister, owned and operated a retail liquor store in Brooklyn, New York. On December 11, 1981 a drunk driver struck and killed his mother on Coney Island Avenue, Brooklyn. Brown walked away from the store immediately after her death. Brown is joined in his eminent domain case by a retail liquor store owner at 141 Broadway, and a medical doctor, all three desire to remain in the development zone. In the meantime the city is forgeing forward to attempt to take using State eminent domain. Which means Judge Lawson will have a constituional issue before him on this matter. For now, The Lighthouse Mission and it's founder, Rev. Kevin Brown, are pleased that the negetive cloud placed above them by Adam Schnieder's Council and Administration, as they violated their religious liberty has been "blown" away by the panel of circuit court Judges, and he is enjoying clear skies for the first time in over a decade. (portion of overall) God Bless Kevin --- In AsburyPark@yahoogroups.com, "Mario" <[EMAIL PROTECTED]> wrote: > > > The Third Circuit U.S. Court of Appeals issued a lengthy opinion > <http://www.ca3.uscourts.gov/opinarch/061319p.pdf> today regarding a > challenge under RLUIPA. The Court ruled that an initial Long Branch, NJ > land use ordinance did in fact violate RLUIPA's requirement that > religious assemblies be treated on "equal terms" with non-religious > assemblies. > > An intervening development plan focused on building an economic center, > however, does not violate RLUIPA. > > The panel agreed with the city 2-1 that: > ...churches are by their nature not likely to foster the kind of > extended-hours traffic and synergetic spending it wishes to foster in > the Broadway Corridor and that churches are different from the allowed > secular assemblies because, by operation of a New Jersey statute > prohibiting the issuance of liquor licenses in the vicinity of houses of > worship, permitting churches into the Broadway Corridor would hinder the > development of the kind of modern entertainment-oriented district that > Long Branch envisages. > ... > It would be very difficult for Long Branch to create the kind of > entertainment area envisaged by the Plan one full of restaurants, > bars, and clubs if sizeable areas of the Broadway Corridor were > not available for the issuance of liquor licenses. Lighthouse Mission is > not entitled to any injunction for the earlier ordinance's violation, > but is eligible for compensatory damages and attorney's fees covering > the period of time it was in effect during the Mission's application. > Blog from the Capital: Third Circuit Wrestles With Zoning Laws, City's > Desire to Spur Economic Development > <http://www.bjconline.org/cgi- bin/2007/11/third_circuit_wrestles_with_zo\ > .html> Click on "lengthy opinion" for the lengthy opinion. > Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/AsburyPark/join (Yahoo! ID required) <*> To change settings via email: mailto:[EMAIL PROTECTED] mailto:[EMAIL PROTECTED] <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
