Supreme Court declines to hear Livingston Christian lawsuit; school still on track to move into Naz

The U.S. Supreme Court on Monday declined to review the lawsuit that Livingston Christian Schools filed against Genoa Township in 2015, thus ending the three-year legal battle over the school’s desire to move into a new space at Brighton Nazarene Church.

Nevertheless, the school is still on track to move into its new home at the Naz in time for the 2018-19 school year, following approval of a revised site plan by the Genoa Township Board last year.

Following the board’s denial of the school on a 4-3 vote in 2015, voters responded in the 2016 election by voting two of the members who had opposed the school off the board. A third board member who opposed the school, Supervisor Gary McCririe, chose to retire, so the Genoa board that approved the school in 2017 was much different than the one that opposed it in 2015.

Livingston Christian sued Genoa under the Religious Land Use and Institutionalized Persons Act (RLUIPA), alleging religious bias. Genoa Township had prevailed in court twice, so Livingston Christian decided to appeal it all the way to the Supreme Court. That fight ended on Monday when the Supreme Court declined to hear the case.

Officials with First Liberty Institute, which had taken up Livingston Christian’s case, expressed disappointment, as quoted in this story on CBN News:

“This is a deeply disappointing decision, not only because of what it means for our clients but because it will embolden other cities and towns across the country to keep religious organizations from contributing to their community,” General Counsel Hiram Sasser said in a statement.  “Federal law expressly prohibits the government from using zoning laws to keep religious institutions out of their town. We are extremely disappointed the Supreme Court will allow this terrible precedent to stand.  We are, however, grateful to Rob Kelner and the entire team at Covington & Burling, LLP, for their diligent efforts in seeking to protect religious freedom in this case.”

Still, First Liberty pointed out because it will still be moving into the Naz, Livingston Christian “lost the battle but won the war.”

Livingston Christian has been leasing space at Whitmore Lake Middle School since 2015, but is now poised to move into its new home this fall.

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The Livingston Post is the only locally owned, all-digital information and opinion site in Livingston County, Mich. It was launched by award-winning journalists who were laid off from the Livingston County Daily Press & Argus by Gannett Co. Inc. in 2009.