NC Church Sues County Over Rezoning Denial
The Summit Church, led by J.D. Greear, claims religious discrimination
J.D. Greear preaching at The Summit Church / Video screenshot
A prominent Durham megachurch is suing its local government after county commissioners rejected its rezoning request to build a new regional campus in a rural area.
The Summit Church, led by former Southern Baptist Convention President J.D. Greear, claims Chatham County’s decision violates federal law by discriminating against a religious organization.
In the federal complaint, which spans more than 700 pages including exhibits, The Summit Church alleges the county breached the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying its plan to construct an 82,000-square-foot facility on a 100-acre parcel once approved for a retirement community. The proposal included a 1,200-seat auditorium, 500-plus parking spaces, a sports court, a children’s play area, and a large grass field.
County commissioners and some community members opposed the development, describing The Summit Church as a “megachurch” that clashed with the rural character outlined in Plan Chatham, the county’s official land-use guide.
Plan Chatham—adopted in November 2017—delineates various segments (rural, agricultural, conservation, compact residential) and “centers” (town centers, community centers, etc.) to manage the county’s rapid growth.
The Summit Church, which serves over 10,000 congregants across multiple locations, argues that Plan Chatham recognizes churches as “central gathering places” but only explicitly welcomes them in “Compact Residential” zones.
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The documents add that other segments designated by the plan do not mention churches as a desired land use. The church contends the county unfairly relied on these guidelines to reject its rezoning applications, imposing what it calls a “substantial burden” on its mission to place a thriving evangelical church within fifteen minutes of every resident in the Triangle area.
The suit specifically cites multiple statements from Chatham County Commission Chair Karen Howard to back up its claims. In the suit, the church alleges Howard said the Summit Church is “a poor fit for what we are envisioning,” “antithetical to real rural character preservation,” and that residents already commute to other Summit Church campuses nearby.
The Triad Business Journal reported that Chatham County Attorney Bob Hagemann has denied any hostility toward religious institutions, saying the county will respond to the legal complaint “through normal legal processes.” The county has until March 7 to answer The Summit Church’s motion for a preliminary injunction, which asks a judge to compel approval of the rezoning and site plan.
Chatham County is one of North Carolina’s fastest-growing counties, ranking ninth in growth over the last five years, according to World Population Review. The 15-501 corridor, which The Summit aimed to build, includes major developments like Briar Chapel and Fearrington Village—areas county officials describe as more “urbanized” than traditional rural zones.
The Summit Church’s lead pastor, J.D. Greear, gained national attention while serving as president of the Southern Baptist Convention from 2018 to 2021. During that time, Greear steered the nation’s largest Protestant denomination through debates on race, sexual abuse, and declining membership. Greear publicly advocated for more decisive measures to address sexual misconduct allegations within the SBC.
The Summit is asking the court to command Chatham County to approve the church’s rezone request and associated site plan, require the County to pay court fees and damages, and enforce any orders necessary to grant further relief when applicable.
As litigation proceeds, The Summit Church says it remains committed to its regional expansion strategy—part of its goal to serve every Triangle resident within a short drive. Whether that vision will take root in Chatham County now rests in the hands of the courts.
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