WEARE, N.H. (Diya TV) — The U.S. Department of Justice has stepped into a religious land use dispute in New Hampshire, siding with a small Christian church that claims the town of Weare violated federal law by threatening fines over alleged zoning violations.
In a statement of interest filed Tuesday in federal court, the DOJ said the case brought by Grace New England Church and its pastor under the Religious Land Use and Institutionalized Persons Act (RLUIPA) is ripe for review and should proceed. The filing challenges the town’s attempt to dismiss the case on procedural grounds, arguing the church failed to exhaust administrative remedies.
The church operates from a five-acre residential property and began hosting religious services on-site. According to court filings, the town had allowed secular gatherings on the same property without issue. However, after the church began holding worship services, town officials demanded a formal site plan review, despite a New Hampshire law that prohibits municipalities from imposing such a requirement on religious uses.
Grace New England alleges the town’s actions, including threats of financial penalties, amount to unequal treatment and place a “substantial burden” on its religious exercise—core protections under RLUIPA, a federal law enacted in 2000 to prevent discrimination against religious institutions in zoning and land use matters.
“RLUIPA protects the freedom of religious groups to worship without undue government interference,” said Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division in a press release. “When localities threaten fines against religious groups to force them to undertake unnecessary land use review, RLUIPA offers them an avenue for relief through the courts.”
The town of Weare has moved for summary judgment, arguing the case is not ready for judicial review. But the DOJ disagreed, asserting that plaintiffs do not need to complete the town’s land use process or file administrative appeals before seeking relief under RLUIPA.
The case, Grace New England v. Town of Weare, is now pending in the U.S. District Court for the District of New Hampshire.
The church’s claims fall under two key provisions of RLUIPA: the “substantial burden” clause, which prohibits regulations that significantly hinder religious practice without a compelling government interest, and the “equal terms” clause, which bars discrimination against religious groups compared to non-religious counterparts.
Legal experts say the DOJ’s involvement could have a significant impact on the case, potentially influencing how courts interpret RLUIPA’s procedural requirements. It also underscores the Biden administration’s ongoing commitment to protecting religious land use rights under its Place to Worship Initiative, which supports houses of worship facing zoning challenges nationwide.
Grace New England’s lawsuit highlights a growing national debate over the balance between local zoning authority and federal religious freedom protections, especially for small or home-based congregations that often face unique scrutiny.
The DOJ’s statement concludes that the church’s claims should be allowed to proceed without delay, emphasizing that “RLUIPA does not require exhaustion of administrative remedies” before a lawsuit can be filed.
More information about the Justice Department’s efforts to enforce RLUIPA, including how to file a complaint, is available at justice.gov/crt/about/hce/rluipaexplain.php.
