NJ Church’s Proposed Homeless Shelter Still in Limbo

Zoning meeting adjourned with no vote

(RNS) — The future of a proposed homeless shelter at a New Jersey church — and the future of the church itself — remains unclear after a zoning board meeting ended without a vote.

Christ Episcopal Church in Toms River, N.J. (Image courtesy Google Maps)

Since October, Christ Episcopal Church in Toms River, New Jersey, has sought permission from the town’s zoning board to open a 17-bed shelter in a building on the congregation’s property. But the project has been met with resistance from both neighbors and the mayor, and it remains stalled after months of public comment.

On May 22, supporters and opponents packed a meeting of the Toms River zoning board that ran for three hours, according to News 12 in New Jersey. No vote was taken at the meeting, meaning any decision on the zoning request will have to wait until the board’s June meeting.

The delay has left the church’s supporters disappointed but undaunted.

“I am disappointed that Christ Church is not yet able to move forward with the plans for a shelter to support those in need in the Toms River community,” said Bishop Sally French of the Episcopal Diocese of New Jersey. “At the same time, I am delighted to see the overwhelming amount of community support for Christ Church and its ministries — from those who spoke up at the township council meeting last night on behalf of the congregation and those facing homelessness, to the thousands of people who have made statements, signed petitions and more.”

Satellite view of the property of Christ Episcopal Church, bottom left, in Toms River, N.J. (Image courtesy Google Maps)

The dispute over the shelter made national headlines last month after the Toms River Township Council passed a first vote on a motion to take the church’s property — and several other properties — by eminent domain. Township designs show plans to build a park on the site, including pickleball courts.

The township council was scheduled to take a second vote on the eminent domain proposal next week, but that vote was rescheduled until the end of July. Mayor Daniel Rodrick told Religion News Service in April that he hopes to purchase the church property, rather than taking the property by eminent domain in court.

More than 7,500 people have signed a change.org petition opposing the eminent domain motion. A GoFundMe campaign for the church’s legal fees has raised over $18,000 so far.

“People matter more than pickleball,” the website for the campaign says.

An “interfaith prayer service” in support of the church is set for May 27.

“If Toms River was to eventually take our property, it would dramatically change Christ Church, our ministries and the community we serve,” an announcement for the prayer service reads.

Established in 1865, Christ Church draws about 150 people to services and hosts a variety of community outreaches, including a program run by the Affordable Housing Alliance nonprofit. The church and the alliance are working together on the proposed shelter.

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Dan Dalton, an attorney with expertise in religious land use under the Religious Land Use and Institutionalized Persons Act (RLUIPA), told MinistryWatch that case law is divided about the applicability of RLUIPA in eminent domain cases.

The Ninth Circuit in California held that RLUIPA applies to eminent domain cases, but the Seventh Circuit in Illinois ruled that it does not apply to eminent domain cases, Dalton said.

“Courts consider a city’s motives when evaluating an eminent domain / RLUIPA case. In the Toms River matter, it seems the motive is to remove the homeless from the city, rather than trying to find a way to provide for the homeless. They are picking pickleball over housing. The city decision appears to be pretextual, and I do not believe a court would uphold an eminent domain action if challenged by the local church, asserting RLUIPA as a defense,” he told MinistryWatch.

In a recent interview, Rodrick declined to speak about the zoning issue but denied that he was trying to attack Christ Church’s ministry. Instead, he said, he was looking out for the best interest of community members.

“It’s not about taking anybody’s rights away,” he said.

Rodrick said Christ Church is a relatively small congregation with an 11-acre property — and a large parking area — that remains empty most of the week. He hopes that the city would rather buy the property than take it by eminent domain, though he does believe using eminent domain would be legal.

Initial drawings for the proposed park included a soccer field and pickleball courts, but Rodrick said nothing is set in stone. He did say that any park would include a large playground. He hopes the dispute with the church can be resolved soon, saying that the congregation could use the funds from any sale to relocate or fund other ministries.

“I would rather come to an amicable settlement,” he said.

Kim Roberts contributed to this report.

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