CANTON -- The Christian Fellowship Center (CFC) is suing the village of Canton following the municipality’s denials of a use permit that would allow the church to house its Canton congregation at a building and lot zoned for commercial use.

Attorneys for the CFC, Mauck & Baker LLC, based in Chicago, Ill., issued a statement announcing the lawsuit, citing what they called “the village’s unequal treatment of religious assemblies.”

The statement was presented at a village planning board meeting Monday, Feb. 11, during which the planning board again prevented the church from obtaining a use permit by granting a special exception to village zoning laws.

“The board turned down the application to use the building as a church based on the ZBA (Zoning Board of Appeals) and the County Planning Office determination that churches are not allowed in the zone,” said village Planning Board Chairman Barry Walch.

The church’s attempts to get a use permit for the building and lot at 25 Court St. have been repeatedly spurned because the property is in the C1 commercial zone. The building is a historic structure built in the 1800s as a gentlemen’s club, which has housed several popular restaurants over the years.

The zone does not allow churches or religious organizations to operate in the district, which was designed to be a concentrated commercial area in the village’s downtown. There are several other districts in the village, comprising the majority of the community, which do allow churches.

The CFC purchased the property on Jan. 11 for $310,000 after a several months of negotiation with the previous owners. The contract reportedly did not contain a zoning contingency clause, a legal construct which would allow the CFC to pass on the purchase if they were denied zoning approval.

The purchase was made prior to the church securing a use permit for the lot.

The organization wants to house its Canton congregation of about 100 there, along with offices. The group currently meets at the Best Western.

Village Code Enforcement Officer Jeffrey Murray has denied the church a permit to use the property to hold church services and also to use the space for professional offices. Murray’s denial was based on established village zoning law.

The church asked the ZBA f0r a reinterpretation of Murray’s first denial based on the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), claiming under that law, which protects churches from specific types of discrimination in property matters, that they were not being treated equally to other organizations or individuals buying property in the village. They also asked the ZBA to consider them a fraternal or charitable organization instead of a church, both of which are permitted uses under the C1 zone.

The ZBA voted to uphold Murray’s denial instead, pointing out that any individual or organization buying property in the village must follow zoning law.

The second request by the church of the ZBA for a reinterpretation of Murray’s denial to use the lot for office space is still under consideration.

“CFC is asking our federal court to uphold its property and equal treatment rights, and by extension, the property, equal protection, freedom of association, and free speech of every person in Canton—even of those who in good faith oppose it,” said attorney John Mauck of Mauck & Baker in the statement.

“We are thrilled with the opportunity to use this building to worship Jesus and bless the community of Canton. It is a cherished landmark, and we certainly plan to maintain it and use it in a way that serves the community for years to come,” said CFC pastor Jamie Sinclair in a prepared statement. “In addition to holding our regular worship services there, we are looking forward to using the building for ministries in which the public is welcome such as parenting classes, support groups for those struggling with addictions, youth activities, financial planning classes, and café nights with open mic format poetry and music.”