CO Church Settles Case to Operate Temporary Housing on Its Property

Castle Rock’s settlement included payment for the church’s attorney’s fees.

The Rock church can continue its ministry to temporarily house homeless persons after it reached a settlement agreement with the town of Castle Rock, Colorado.

The Rock church in Castle Rock, Colorado

According to a press statement by First Liberty, a non-profit law firm that defends religious liberty, Castle Rock will recognize the church’s ability to operate on-site temporary shelters, to use its building as an emergency shelter, and to operate its coffee shop.

The city will also pay $225,000 toward the church’s attorney’s fees.

The church, which occupies 54 acres on the edge of Castle Rock, has two trailers located on the property that serve as temporary shelters for individuals and families experiencing homelessness. Its goal is to help them get back on their feet with stable employment and stable living arrangements. The church also has entered into a partnership with the Red Cross to provide shelter in its main church building during times of emergency, such as after a severe winter storm or fire.

Last year, the city closed The Rock’s temporary on-site shelters so First Liberty filed a federal complaint on behalf of the church, arguing that the city was violating the church’s free exercise rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA).

After The Rock secured a court injunction to prevent the city from closing the temporary shelters, the two parties sought to resolve the matter.

On December 2, 2024, the town issued a “letter of determination” permitting The Rock to operate its temporary on-site shelters and its use of the church building as an emergency shelter in conjunction with the Red Cross.

Now, the two parties have reached a permanent settlement agreement allowing The Rock to use its property to provide temporary housing for those in need. Additionally, the Town of Castle Rock may install fencing or landscaping to help screen the temporary housing units from the surrounding neighborhood.

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“The Town acknowledges the Rock’s invaluable services to the Castle Rock community through its longstanding efforts to provide support for those members of our community most in need,” the joint press statement said.

“The Rock acknowledges its responsibilities as a good neighbor and looks forward to working in partnership with the Town while providing those services,” it added.

The church and town agreed to settle the matter outside of further litigation with the hopes of “successfully balance[ing] the Rock’s religious free-exercise rights with the Town’s public interest in enforcing land use regulations and protecting the general welfare, public health, and safety.”

“We are pleased that we can continue our church’s mission to transform society by loving others as Christ loved us,” The Rock Pastor Mike Polhemus said about the settlement. “We love Castle Rock and are committed to working with the Town of Castle Rock to provide assistance to those in need, thus helping to reduce homelessness in our community.”

MinistryWatch has reported on several other cases where municipal governments have attempted to interfere with the ministry of a church through zoning regulations. Read those here.

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