3/19/2023 0 Comments Cornerstone bible church glendora![]() On January 5, 1987, the city council considered the Church's rezoning request and, based on the planning commissions' recommendations, denied the Church's application. Harmening recommended to the planning commission that it deny the Church's request and after a public hearing on the matter on December 22, 1986, the Commission unanimously decided not to amend the zoning ordinance. At the outset of the negotiations the Church requested that the zoning ordinance be amended so as to allow the Church to occupy the theatre should the negotiations prove successful. ![]() The Church did not appeal Harmening's decision, but instead began pursuing negotiations for the possible purchase of a former theatre which was also located in a commercial zone. Harmening informed the Church that it had a right to appeal his determination to the city council which would act as the Hastings Board of Zoning Adjustment and Appeals. Harmening informed the Church that its use of the Caturia Building violated the City's ordinance and that it should discontinue such use. On November 3, 1986, City Planning Director Thomas K. The City maintains that it was not until late 1986 that it learned that the Church had leased space in the Caturia Building. The Caturia Building is located in downtown Hastings which is a commercial zone under the Hastings ordinance. Described in the most general terms, the zoning ordinance permits churches in most residential areas and prohibits churches in commercial and industrial areas. The most important provisions of the zoning ordinance for purposes of the instant suit relate to the distinction between commercial and residential property and the uses to which commercial and residential property may be put. ![]() The City of Hastings has a comprehensive zoning ordinance which controls the location of various types of buildings and organizations throughout the City. Eventually the Caturia Building became the Church's exclusive location and the Church was still meeting there on a regular basis at the time this lawsuit began. On October 1, 1984, the Church began meeting for worship services at a site known as the Caturia Building. As membership increased, however, the Church rented space at the Hastings Senior High School and held its meetings there. The Church first held its meetings at Bzoskie's home. The dispute which led to the initiation of this lawsuit centers on the location of the Cornerstone Bible Church within the City of Hastings. Defendant City of Hastings, Minnesota ("Hastings" or "City") is a city which was created under the laws of Minnesota and was acting under color of state law at all times relevant to the litigation which underlies this motion. Plaintiff James Bzoskie is the pastor of the Church and a resident of Hastings, Minnesota. Plaintiff Cornerstone Bible Church ("Church") is a conservative evangelical Christian Church which was founded in 1983. For the reasons set forth herein, defendant's motion will be granted. ![]() Plaintiffs' claim defendant has violated plaintiffs' constitutional rights to freedom of speech, freedom of association, due process, equal protection and the free exercise of religion. This matter is before the court on the defendant's motion for summary judgment. Hamilton, Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A., Hastings, Minn., for defendant. *655 Jordan Lorence, Washington, D.C., and Wendel R. CORNERSTONE BIBLE CHURCH, and James Bzoskie, Plaintiffs, ![]()
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