Attorneys for the Chatham County Board of Commissioners in North Carolina have filed a motion to dismiss a lawsuit by The Summit Church that alleges a rezoning request submitted by the church was denied by the county for religious reasons.
The motion, filed Thursday (March 27), asks the U.S. Middle District Court to dismiss the lawsuit because attorneys for the county say the court lacks jurisdiction to hear and rule on the case.
“Courts can rule on the validity of a zoning decision, but they do not have the ‘power to determine the ultimate zoning classification’ or ‘direct a legislative body to enact legislation,’” a memorandum accompanying the county’s motion said, citing other legal cases. “Here, the Plaintiff seeks a remedy that the Court cannot properly grant.”
EDITOR’S NOTE — This story was written by Chad Austin and originally published by North Carolina’s Biblical Recorder.
