Redeemed Christian Church of God Resurrection Power Assembly (“Rez Power”), is a small but dynamic congregation, comprised mostly of the first generation Nigerians. Like so many young growing churches they realized that they needed a larger space for worship and fellowship – Working with a realtor the Church located a suitable building in Dolton, Illinois.
Churches face many hurdles in finding and purchasing a building, not the least of them being zoning. So, prior to even making an offer on the building, Rez Power met with Village officials to be sure that the property was zoned to allow for its church use. The Village confirmed the use and even gave the realtor the section of the Zoning Code which showed that a church was a permitted use on the property.
Surprise! After Rez Power bought the building, obtained the first of several building permits required and began renovation the Building Department head informed them that no further permits would issue because the property was zoned commercial and slated for only business uses. Confused, Rez Power asked Mauck & Baker attorney Rich Baker, to accompany them to a meeting with the Village to straight out the zoning issue.
At the meeting they were told by the Village Administrator that the Zoning Code did not permit a church use on the property, that no further permits would issue and that Rez Power must halt in renovation of the property. They were also told that Mayor Henyard—yes that infamous politician under federal investigation and labeled by many as “the worst mayor in America—”does not want a church at that location! “
Attorney Baker challenged the Village Administrator to show from the Zoning Code that the property could not be used as a church. In response, the Village Administrator stated that he did not have a copy of the Code on hand but would send one to Rez Power’s attorney to resolve the matter. He concluded the meeting stating that, of course, the Village “would not want to stand in the way of the Lord.”
But rather than produce the Code, the Village of Dolton started playing hide and seek with its Zoning Code, asserting that it could not find a copy of the full Code! And contrary to standard municipal practice, the Code was not online, not at City Hall, not even at the Village library. Eventually a prior attorney for Dolton delivered a complete copy of the Code to Mauck & Baker which confirmed the legal use of property for a church.
So, building permit from Dolton? – No! Stone Wall! After months and a final letter asking the Village to “let my people go,” Mauck & Baker attorneys John Mauck and Judith A. Kott filed a federal lawsuit before Judge Jeffrey Cummings to tear down the Village’s stone wall. In the process, Rez Power discovered that it had to “get in line” since there were a number of other similar lawsuits involving the Mayor and her Administration’s illegal actions pending. However, because the Zoning Code clearly allowed the church use on the property, once suit was filed, Mauck & Baker was able to get the Village to settle quickly.
The Rez Power’s building has now been renovated and worship commenced in late 2024. Dolton also paid $20,000 to settle the lawsuit.
About Mauck & Baker, LLC
Mauck & Baker, established in Chicago in 2001, is nationally known for its practice in the area of religious liberty. It works with individuals, religious institutions, and businesses. For more information, please visit mauckbaker.com.
