September 25, 2007
ANN ARBOR, MI – Judge Michael Gerou of the 35th District Court ruled yesterday that a provision of the Northville Township, Michigan Zoning Ordinance under which Miles Christi, a Catholic religious order, was being prosecuted was unconstitutionally vague, and dismissed the civil infraction on a motion for directed verdict after the Township attorney rested his case. The religious order was represented without charge by the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan.
At issue was the phrase “more intensive use” which the Township employed in an attempt to force the construction of additional parking facilities at the residence occupied by 6 priests and brothers. The cost of this construction would have been over $100,000. The phrase “more intensive use” was not specifically defined in the zoning ordinance of the Township, nor were Township witnesses able to explain what the phrase meant in definitive terms—admitting its application was a subjective evaluation.
Richard Thompson, President and Chief Counsel of the Law Center commented, “In my opinion, the Township targeted the home occupied by this religious order as a result of pressure by a neighbor. The home was placed under police surveillance, cars parked at the home were photographed, and license numbers noted ─ all in an effort to detect a zoning violation. The Law Center considers these actions a serious violation of the U. S. Constitution, federal and state laws, and is further pursuing the matter in federal court.”
The mission of the Miles Christi religious order includes spreading the Gospel message and sanctification of the laity, particularly university students in Michigan and across the country. It has occupied the home in Northville Township since 2002. Daily Mass is held in one of the rooms which the priests converted into a small chapel in order to celebrate Mass everyday, a requirement of the Order’s religious vocation. Additionally, the priests conducted private Bible study groups at their home as part of their religious vocation. These activities have been hosted by the Miles Christi order for the past four years.
In 2003, after the initial complaint of the neighbor was investigated, the Township approved the religious order’s use of the home. No further enforcement action was taken until the neighbor again made complaints beginning in February 2007.
Before the Law Center entered the picture, this small religious order had already expended $5,000 for a consultant to draft site plans for increased parking in an attempt to comply with directives of the zoning officials.
The civil infraction issued on June 5, 2007 charged the Miles Christi religious order with failure to follow site plan review procedures, a civil infraction, carrying a fine of up to $500 per day for each day they were in violation. Judge Gerou determined that the standard used by the Township to demand a site plan was so vague that the religious order as well as the general public, were incapable of understanding when use of a home would be considered “more intensive” as to require a site plan to be filed.
The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.