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HAZEL PARK, Mich., Oct. 28 /Christian Newswire/-- Salvation Temple Church has filed suit in federal court against the City of Hazel Park, Mich., citing civil rights violations arising from the denial of religious uses within the City. An amended complaint was filed Oct. 27, 2010. The church alleges a zoning ordinance approved by the city in 2005 knowingly and illegally excluded any new religious institution from opening in the city. Salvation Temple is represented by Daniel Dalton of Dalton, Tomich & Pensler, plc. Dalton is a noted religious land use expert.

The Hazel Park ordinance in question was adopted in 2005, three months after an Islamic group sought City approval to open a mosque in a nearby location. After the use was denied, the city planner recommended the mosque locate at 25000 N. Chrysler Drive, the building at issue. The City, however, did not follow the recommendation of its planner. Rather, the City introduced and later passed the zoning ordinance "eliminating religious uses."

In December 2009, Salvation Temple entered into an agreement for the purchase of a property located at 25000 N. Chrysler Dr. in Hazel Park. The building, a former banquet hall known as the Stevenson House, has been vacant since 2002.

The City denied zoning approval to Salvation Temple based on the 2005 ordinance, which prohibited new religious institutions from opening on industrial or commercial property within the limits of Hazel Park. The ordinance allows for religious institutions to open, with the approval of the City, in residential areas. However, according to the City's own records, Hazel Park is "100% developed for residential use" and does not have a collection of residential property available large enough to house a religious institution with parking.

"Salvation Temple is at risk of losing its worship facility by the end of the year," Dalton said. "The organization wishes to continue its service to the people of Hazel Park, but the City's unconstitutional behavior has made this impossible."

Congress unanimously passed RLUIPA in 2000 to address local government discrimination in addressing land use applications submitted by religious organization and in doing so, leveled the playing field for religious uses and secular uses.

Based in Bloomfield Hills, Mich., Dalton Tomich & Pensler, plc is a law firm specializing in providing guidance to leading religious organizations, businesses and financial institutions across the nation. Visit www.dtplawfirm.com or www.attorneysforlanduse.com.