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Daily Mail
26-05-2025
- Politics
- Daily Mail
Small-town war erupts as church land is seized for pickleball: Bishop levels heinous claim against mayor
A legal war has broken out between a local church and pickleball enthusiasts over land development in New Jersey. The drama erupted on April 30 after the Toms River Township Council placed an ordinance to condemn 10 acres of land that is currently home to Christ Episcopal Church to build a new recreational area fit with pickleball court, soccer fields, and playground - among other attractions. Prior to the ordinance, the church congregation sought permission in July 2023 to use the land to build a 17 - bed homeless shelter to help the growing issue in the coastal town. Although governmental agencies have 'the right to condemn property for governmental purposes,' the township 'has never thought of this as a recreational site,' according to Harvey York, the attorney representing the church. 'For them to say they need recreational land flies in the face of the facts and their master plan,' York told Fox News. York and his legal team believe the town chose to make this move in response to the church's attempt to try and build a homeless shelter. 'It is clear that this is being done in retaliation for the church making an application for a homeless shelter,' he said, noting that there are constitutional protections for freedom and religion, along with the federal Religious Land Use and Institutionalized Persons Act. 'I don't know that you'll find a lawyer who will say, "Oh, yeah, they have every right to do this; they're going to win',' he told the outlet. Daniel Rodrick, the mayor of Toms River, has openly said that the timing of the town's request on the land is just a 'coincidence,' The New York Times previously reported. The ongoing legal battle has taken a toll on the community as locals are divided on who should get the land. Although York believes many are 'thrilled that the mayor is going to condemn the property,' a 'majority of the community is shocked and dismayed.' Bishop Sally J. French, who leads the diocese Christ Episcopal is under, is one of those who is furious about the conflict. According to French, the whole idea of the homeless shelter was 'actually a way to diminish the community concerns' of the growing population. From January 2023 to January 2024 the number of unhoused people has risen 28 percent in Ocean County, according to Monarch Housing Associates, a group that works to address homelessness across the Garden State. 'You've provided them with opportunities and the capacity to do what they need to do to get employment, to begin to contribute to the community in ways they haven't been able to do because of their difficult, painful circumstances,' she told the NYT. Other local religious leaders have all stood up for the church, including Rabbi William Gershon of Congregation B'nai Israel. 'I am outraged,' Gershon told the outlet. 'If you can do it to them, you can do it to any of us.' A petition has also been going around, urging concerned church goers and community members to stand up for the land. 'This action is unjust. It comes while the congregation is seeking municipal permission to build a homeless shelter on their property as an extension of the church's many ministries and programs that serve and support those in need in the Toms River community,' the page read. 'If the eminent domain ordinance goes forward, Toms River will lose a vital source of support for vulnerable residents. 'The church is not for sale. People matter more than Pickleball. We stand with Christ Episcopal Church, Toms River, New Jersey.' As of Monday afternoon, the petition accumulated more than 7,200 signatures. Others took to social media to voice their concerns and anger with the town trying to take over the land. One wrote: 'This is ridiculous! Pickleball comes before a place to help those in need?' 'Not kosher. This isn't kosher at all,' said another. Someone else commented: 'What an embarrassment....' In response to the backlash, Rodrick, a Republican, said his intention to build a recreational area on the land is all about managing priorities in his town. 'When you balance the hardships — you have a whole community without a park, and 65 or 70 people who could probably drive to a different location on a Sunday,' he said in reference to attending church. But, according to Bishop French, weekly attendance at Sunday services - offered in both English and Spanish - are more than twice the figure Rodrick claimed. 'As the guy who is supposed to look out for the welfare of all of the residents of Toms River, when you balance out those two things it's pretty clear which side I should be on.' Rodrick, a former teacher, said he is no stranger to political battles, adding: 'They fill the room and make a jerk out of me in the meeting and, like President Trump, my numbers just keep going up. The people are with me.' Litigation will continue to proceed, York said, adding: 'The plan will be decided by the diocese. But they certainly will litigate the issue, and I believe it will be successful.' He also said the local government should 'mind their own business and stay out of the religious affairs of the community.'
Yahoo
26-05-2025
- Politics
- Yahoo
Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
A New Jersey town has moved to seize a 10-acre church property and turn it into recreational space, outfitted with pickleball courts and soccer fields. Christ Episcopal Church in Toms River, New Jersey, found itself at the center of a highly charged legal battle after its leaders moved to expand outreach to the area's homeless population and proposed a 17-bed overnight shelter. "It didn't take long for neighbors to become concerned," Harvey York, the church's attorney, told Fox News Digital. On April 30, the Toms River Township Council placed an ordinance on its agenda to condemn the church's 10-acre site, which includes the parish house, auditorium, school, sanctuary and deacon's residence, under its eminent domain power. Church Fights New Jersey Town Over Plans To Seize Property And Turn It Into Park The town's plan is to turn the congregation's property into a recreational area. Read On The Fox News App "Any governmental agency has the right to condemn property for governmental purposes. That's clear. However, the township has never thought of this as a recreational site," York said. "For them to say they need recreational land flies in the face of the facts and their master plan." York and his legal team argue that the move to seize the property is the township's direct response to the church's shelter initiative. "It is clear that this is being done in retaliation for the church making an application for a homeless shelter," he said, pointing to both the constitutional protections for freedom of religion and the federal Religious Land Use and Institutionalized Persons Act. "I don't know that you'll find a lawyer who will say, 'Oh, yeah, they have every right to do this; they're going to win.'" Despite rising community support, from local congregants to offers of amicus assistance nationwide, reactions remain mixed within the New Jersey town. "There are people that are thrilled that the mayor is going to condemn the property," York said, but he believes "the majority of the community is shocked and dismayed." Business Owners Take On City They Say Is Playing 'Musical Chairs' With Property In Eminent Domain Case As for the church's next steps, litigation is certain. "The plan will be decided by the diocese," York said. "But they certainly will litigate the issue, and I believe it will be successful." The church's attorney said the government should "mind their own business and stay out of the religious affairs of the community." Five or six hearings have taken place, and the next zoning board meeting is scheduled for May 22. Fox News Digital has reached out to the Township of Toms River for comment on the pending litigation and the hearings. The church originally applied in July 2023 to operate an outreach center for the homeless, an effort that was approved. According to York, their application for the shelter fully complies with local and state article source: Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
Fox News
26-05-2025
- Politics
- Fox News
Religious freedom battle erupts as New Jersey town attempts to turn church property into pickleball courts
A New Jersey town has moved to seize a 10-acre church property and turn it into recreational space, outfitted with pickleball courts and soccer fields. Christ Episcopal Church in Toms River, New Jersey, found itself at the center of a highly charged legal battle after its leaders moved to expand outreach to the area's homeless population and proposed a 17-bed overnight shelter. "It didn't take long for neighbors to become concerned," Harvey York, the church's attorney, told Fox News Digital. On April 30, the Toms River Township Council placed an ordinance on its agenda to condemn the church's 10-acre site, which includes the parish house, auditorium, school, sanctuary and deacon's residence, under its eminent domain power. The town's plan is to turn the congregation's property into a recreational area. "Any governmental agency has the right to condemn property for governmental purposes. That's clear. However, the township has never thought of this as a recreational site," York said. "For them to say they need recreational land flies in the face of the facts and their master plan." York and his legal team argue that the move to seize the property is the township's direct response to the church's shelter initiative. "It is clear that this is being done in retaliation for the church making an application for a homeless shelter," he said, pointing to both the constitutional protections for freedom of religion and the federal Religious Land Use and Institutionalized Persons Act. "I don't know that you'll find a lawyer who will say, 'Oh, yeah, they have every right to do this; they're going to win.'" Despite rising community support, from local congregants to offers of amicus assistance nationwide, reactions remain mixed within the New Jersey town. "There are people that are thrilled that the mayor is going to condemn the property," York said, but he believes "the majority of the community is shocked and dismayed." As for the church's next steps, litigation is certain. "The plan will be decided by the diocese," York said. "But they certainly will litigate the issue, and I believe it will be successful." The church's attorney said the government should "mind their own business and stay out of the religious affairs of the community." Five or six hearings have taken place, and the next zoning board meeting is scheduled for May 22. Fox News Digital has reached out to the Township of Toms River for comment on the pending litigation and the hearings. The church originally applied in July 2023 to operate an outreach center for the homeless, an effort that was approved. According to York, their application for the shelter fully complies with local and state regulations.
Yahoo
05-05-2025
- Politics
- Yahoo
You've heard of eminent domain. What about seizing a church to build a soccer field?
A unique religious freedom conflict is brewing in Toms River, New Jersey, where government officials are clashing with Christian leaders over an Episcopal church's land. Tension emerged last year when Christ Episcopal Church announced plans to replace its outreach office with a 17-bed homeless shelter and sought a variance from the township's zoning board that would make the project possible, according to Already facing an uphill battle for approval, the church learned last month that Toms River officials had a competing building project in mind: a waterfront park with pickleball courts, a skate park and a soccer field where Christ Episcopal currently stands. 'Local officials introduced an ordinance (on April 30) to acquire four properties through eminent domain, including the nearly 11-acre Christ Episcopal Church site,' reported. Town leaders who support the ordinance say the proposed park would benefit thousands of community members, while the church's attorney say the use of eminent domain for the park would violate religious freedom protections. 'It is blatantly illegal, improper, and violates the United States Constitution, as well as numerous New Jersey laws and case law,' said attorney Harvey York to 'No town has ever done this, let alone done it to a church and it's clearly retribution.' The phrase eminent domain refers to the government's right to seize private property and convert it into a public benefit, like a railroad or highway. Private land owners affected by eminent domain have a constitutional right to 'just compensation' for the land but few options to challenge the seizure, according to the Justice Department. Religious freedom laws create one of those options, and across the country, faith groups have used the First Amendment and other faith-related legal protections to fight government officials' use of eminent domain. The faith groups haven't always been successful, but it's fair to say that government leaders' reason for seizing church property must be compelling in order to overcome a religious freedom challenge, per Church Law & Tax. 'The relatively few courts that have addressed this issue generally have concluded that church property is not immune from a proper exercise of eminent domain. However, they also have concluded that the government's power of eminent domain must be balanced against the interests of the church, and that in some cases the church will prevail,' Church Law & Tax reported. The situation in Toms River has not yet reached the point where Christ Episcopal Church would file a lawsuit over officials' actions. But the church's rector told Episcopal News Service that the congregation doesn't see the proposed park project as a legitimate reason to cite eminent domain. 'It's just really shocking and surprising and very disappointing,' the Rev. Lisa A. Hoffman said. 'There's a lot of anger and frustration going on.' At the April 30 council meeting, where the ordinance related to eminent domain was first discussed, community members came to the defense of the church, as did some council members. 'Council members yelled at each other, and one accused another of hating God, Christ, homeless people and humanity,' Episcopal News Service reported. A decision on the church's request for a zoning change related to the homeless shelter is expected on May 22, the article said. 'Six days later, on May 28, the town council is scheduled to take public comment and make a final decision on the land-seizure ordinance.'
