A yearslong legal battle between Castle Rock and a church that allows homeless people to park recreational vehicles in its lot ended in a final settlement this month, with the town agreeing to cover $225,000 of the church’s legal fees.
As part of the agreement’s terms, Castle Rock will recognize the Rock Church’s ability to continue operating its “on-site temporary shelter ministry” — that is, the RVs parked out back — and to use its building for emergency shelter, in partnership with the Red Cross.
“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 town and the church said in a joint statement issued Friday. “The Rock acknowledges its responsibilities as a good neighbor and looks forward to working in partnership with the town while providing those services.”
Their relationship wasn’t always this friendly.
The dispute between the town and church first arose in 2021, when Castle Rock’s zoning manager sent the church a notice of violation, asserting that town code did not allow “storage or residency in campers on the property.” That was followed up with a letter from the town attorney stating that the church, located in the northwest corner of The Meadows neighborhood, remained in violation of zoning code.
Last year, the Rock Church sued Castle Rock, claiming the town was violating the Religious Land Use and Institutional Persons Act. The 2000 federal law protects “individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws,” as described by the U.S. Department of Justice.
The Rock Church won its suit last summer when a federal judge ruled in its favor. The judge issued a preliminary injunction to stop the Douglas County town from using its land-use authority to stop the church from providing the makeshift shelters.
Ryan Gardner, senior counsel with the First Liberty Institute, a Plano, Texas-based law firm that focuses on religious liberty cases, said the Rock “has a serious, sincere religious belief as to how they should serve their brothers and sisters.”
He said the federal law was at the heart of the judge’s ruling in favor of his client last July.
“RLUIPA acts as a sort of super-zoning law,” Gardner said. “I would encourage governments across Colorado and the country to partner with churches to address issues like homelessness and food shortages.”
Under the terms of the settlement, the Rock Church will be allowed to park up to seven RVs in its lot to act as temporary shelters. Castle Rock can install additional fencing or landscaping to partially screen the location of the vehicles from the surrounding neighborhood.
A town spokesperson for Castle Rock referred to the joint statement from the town and church for comment. Gardner said the Rock’s lead pastor, Mike Polhemus, was unavailable to comment.
In the joint statement, the church and the town said the agreement “balances 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.”
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