Can a church be forced to close due to zoning laws?

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ACLU Nebraska and the First Amendment right to exercise religion say no, but the city officials of Lincoln took over a year to make up their mind. In 2003, the city gave a small Presbyterian church notice that they must move or run the risk of criminal penalties and fines--because the church is located in a zone for "industrial" uses. No one has complained about the church, which is renting a building while they work to raise money to build their own church someday. Despite the fact that no one was being harmed, the city continued to threaten the church with eviction. ACLU Nebraska represented the church in administrative proceedings to determine whether the city would change its law--or whether a lawsuit would be necessary to resolve the church's fate.  In August, 2004, we were victorious: the City Council voted to amend local laws to allow any church to locate in an industrial zone.


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