Judge Says Church's Lawsuit Against Bolingbrook Has Merit

Liberty Temple Full Gospel Church's federal lawsuit claiming the village of Bolingbrook discriminated against them could be headed to trial.

U.S. District Court Judge Harry D. Leinenweber denied Bolingbrook's motion for summary judgment April 12. He found the lawsuit raises “a more-than-reasonable inference that would allow a jury to find that the village had no compelling reason to refuse to consider the drawings and the church’s building permit application, or to demand a special use permit, and that doing so created a substantial burden upon the small congregation by forcing it to file suit and incur legal fees.”

Apostle Clifford E. Turner, founder of six Liberty Temple congregations, lauded the ruling.

"The opinion took note of the hostile actions and statements of Mayor Claar which the Church has alleged. We look forward to a jury trial which will bring to light the actions and manipulations of the village," he said.

In April 2011, church officials filed a federal lawsuit against the village of Bolingbrook, claiming village officials discriminated against them in their effort to relocate inside a Bolingbrook shopping center near Interstate 55 and Route 53.

The church won an emergency injunction and was granted a temporary occupancy permit from the village.

Liberty Temple Full Gospel Church held its first worship service at the Bolingbrook Commons Mall location in November.

The case was essentially a matter of .

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

Eventually, a judge ordered the village to in a timely matter.

Village officials sought to have the suit dismissed, which would cost the church a significant amount of money.

In Leinenweber's April 12 ruling, it is also alleged that Mayor Roger Claar told church officials two months before the church took a lease that he "did not want any more churches in Bolingbrook" because "churches do not produce any tax revenue."

Andy Norman, attorney for Liberty Temple, said the village's leadership "not only engaged in discriminatory zoning practices, they keep asking to get off the hook, and the judge keeps saying 'no.'"

"It seems to me as though the mayor is willing to waste Bolingbrook's resources on a matter that was a routine zoning matter clearly favoring the Church," Norman said. "Why is he making this a long-term legal battle that is wasting taxpayer money?"

During a board meeting last April, Claar said the village denies it committed any wrongdoing and that the property in question is, and always was, a B-2 zoned area.

"The facts are that it was B-2, it's still B-2 and it's a shame that a (scrivener's) error left it off the last zoning map," he said. "The laws of this village maintain it's a B-2 zoning."

Last year, Claar refuted the church's allegations that he said Bolingbrook had enough churches.

"I can guarantee you that was never said," Claar said.

Village Attorney Jim Boan was not immediately available for comment.