Church Files Federal Lawsuit Against Bolingbrook

A local church has filed a federal lawsuit against the village of Bolingbrook, claiming the village is discriminating against them in their effort to relocate inside a Bolingbrook shopping center.

Officials at Liberty Temple Church of Bolingbrook, which currently operates out of the in Bolingbrook, are seeking an emergency motion before Federal Judge Harry D. Leinenweber. The motion will be heard Tuesday in a U. S. District Court in Chicago.

According to the complaint, the village has imposed a substantial burden on the church by refusing to allow it to operate in the Bolingbrook Commons shopping center, near the intersection of Route 53 and Interstate 55.

The church signed a lease to occupy one of the vacant properties in the shopping center Dec. 23 and was set to move in April 1, said John Mauck, the attorney representing the church.

In February, however, the village informed the church it would need a special use permit and that not enough parking was available at Bolingbrook Commons to accommodate the church.

When church representatives approached Dennis Kowalczak, the village’s director of community development, Kowalczak said the property was not zoned for a church and that “churches do not produce tax revenue,” the complaint said.

Mauck said according to village code, the Bolingbrook Commons location was classified as B-4 commercial property, meaning the church already was allowed to move into the shopping center without applying for the permit.

“We could apply for the permit,” Mauck said. “But we don’t want the time or expense or risk of having to get city permission when we already have it via the city’s ordinance.”

The village, meanwhile, contends the property is located in a B-2 zone, which does not allow special use for churches or places of worship.

Jim Boan, village attorney, said the village does not comment on ongoing litigation.

Zoning maps were taken off the village's website late last week, said Nicole Knapp, a planning and zoning administrator for the village. She said zoning maps were in the process of being updated so that zones were more clearly stated.

A look at the current map—copies of the zoning map are not available at this time, officials said—shows Bolingbrook Commons in an orange zone with no B-2 label in a proximity that would suggest it was B-2 zoned. 

Knapp said despite the confusion, the area in question is in a B-2 zone. Further, the updates the village is planning would clear up any confusion as to whether that area is B-2 zoning or any other.

When church representatives sought cooperation from Bolingbrook Mayor Roger Claar, he said a special use permit would be required, Mauck said.

Claar, the complaint alleges, said Bolingbrook had enough churches and the Hinman Company—the company leasing the property—“never should have executed a lease without my permission.”

"The man isn't the city," Mauck said. "He may have influence but the city should go by its law. The planning department and the mayor have both said permits would be required, but the attorneys haven't said that yet."

Liberty Temple is seeking an emergency temporary restraining order, preliminary injuction and a permanent injunction allowing the church to occupy the property free of any zoning restrictions. It is also seeking additional relief, including costs and expenses for litigation. 

Mauck is an attorney at Mauck & Baker, LLC, which specializes in representing religious organizations in zoning disputes.