By ADAM ATKINSON
North Country This Week

CANTON -- The village of Canton has agreed to settle its legal fight with the Christian Fellowship Center over the church’s use of its property at 25 Court St. for religious services.

At a special meeting held Monday, April 29, the Canton Village Board of Trustees authorized Mayor Michael Dalton to sign, on behalf of the village, a settlement agreement with Christian Fellowship Centers of New York Inc.

The settlement concludes the action taken by CFC against the village in the United States District Court for the Northern District of New York, said a press release from the village Tuesday.

Village Mayor Mike Dalton said in the official statement that the settlement allows CFC to use its property at 25 Court St. in the village for church use.

The village or its insurer will pay $60,000 to Mauck & Baker LLC, the legal counsel for CFC, for all alleged damages, including legal fees and expenses in the federal proceeding.

CFC or its litigation counsel will provide the village a “stipulation of discontinuance,” which ends the federal action. CFC will issue a general release to the village and it officers and employees, including members of the Village Planning Board and Zoning Board of Appeals, the press release said.

“The Board took this action following review of the decision issued on March 29, 2019, by U.S. District Judge Lawrence E. Kahn, which prohibited the village from enforcing its zoning ordinance to prevent CFC from using 25 Court Street as a church, including religious assemblies like those permitted at other churches located on Court Street,” Dalton said. “Although we appealed Judge Kahn’s decision, based on thoughtful legal counsel and after a great deal of consideration, the board determined that continuing this action in the face of Judge Kahn’s directive and anticipated future rulings would not serve the village’s interests.”

The CFC attorneys responded to the settlement agreement with an official statement Tuesday as well.

“Our settlement offer for a modest amount of attorney’s fees and damages has been accepted by the Village of Canton,” said Sorin Leahu, an attorney for the Church. “We are grateful to Judge Lawrence E. Kahn for acting swiftly in this case, and are pleased that the congregation can now focus on its ministry.”

Prior to purchasing the lot in January, the CFC was denied a use permit to house its Canton congregation at the property by the village code enforcement officer. The denial was based on village zoning code, which did not list churches or religious organizations as an allowed use for the lot, which sits in the village’s C1 commercial zone.

The CFC asked the village Zoning Board of Appeals to reinterpret the denial of the use permit based on the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Then prior to the ZBA ruling, the church bought the property for $310,000 (as well as paying over $18,000 in unpaid taxes on the lot, according to court documents) in January. The ZBA subsequently upheld the original denial, ruling that the church was not being treated unequally in the matter under the stipulations of RLUIPA.

The church then filed a lawsuit in U.S. District Court alleging the village violated RLUIPA because other assemblies are permitted in the commercial district, including theaters, fraternal organizations and social clubs.

The village had turned down an initial settlement offer from Mauck & Baker in February, preferring to pursue the matter in court.

Judge Kahn granted the church a temporary injunction on March 29 allowing the church to hold services at the building pending further legal action.

“This has been a long and arduous process, but we felt we had to consider the long-term best interests of the village – its residents and taxpayers,” Dalton said.

The mayor said the village would now focus on completing its planning process with the town and village of Rensselaer Falls. Part of that process will be a zoning review, which could involve revisions to the village zoning code consistent with the plan.

“The case is closed and we will move on. The village board and staff will remain focused on ensuring that Canton is a thriving place for all who live and work here,” Dalton said.

“We are very thankful to the village for recognizing our right to use 25 Court Street as a church, and we are grateful for opportunities to make humble appeals to proper authorities,” said Canton CFC leader Jamie Sinclair.

“Although our civil right to worship in this building has been debated for months, the justice system has been faithful to this essential liberty,” Sinclair said. “We love our community and are optimistic about what the future holds for Canton and the North Country.”