In seeking to expand a substance abuse facility, Broward County concluded that it needed to condemn the property owned by a church.  The County indicated that the church property was in a desirable location for the proposed facility because it is accessible by public transportation, it is centrally located, and it is close to other social service agencies and a medical center. The Trial Court found that the County articulated a reasonable necessity for condemning the church property, that the Church did not come forth with any evidence of bad faith or gross abuse of discretion, and that the County did put forth evidence that they considered alternatives to this site.  The Trial Court also determined that the County did not violate the State Religious Freedom Restoration Act (RFRA) since the taking did not substantially burden the exercise of religion.

 

The Appeals Court, 4^th District, agreed with the Trial Court, concluding that its finding that the County demonstrated reasonable necessity for condemning the property was supported by competent, substantial evidence.   As to the Church’s second issue, that the condemnation would violate RFRA, the Court noted that the test for determining whether the condemnation constitutes a substantial burden on the free exercise of religion is “one that either compels the religious adherent to engage in conduct that his religion forbids or forbids him to engage in conduct that his religion requires.”  Relying on case law from the S.D. of Florida and the Eleventh Circuit, the Court noted that the fact that congregations may be unable to find suitable alternative space did not create a substantial burden within the meaning of RLUIPA or RFRA.  The Court said, “The church’s insistence that a specific church building for holding worship services is fundamental to religious exercise under the statute is unpersuasive…” and that “There is nothing about this location that is unique or integral to the conduct of the religion.”   

 

 

Christian Romany Church Ministries, Inc. v. Broward County, 2008 WL 942565 (Fla. App. 4 Dist. 4/9/2008).

 

The opinion can also be accessed at:

http://www.4dca.org/Apr%202008/04-09-08/4D07-3139.opC040808.pdf

 

Florida’s Religious Freedom Restoration Act can be accessed at:

http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0761/ch0761.htm

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