Judge Orders City of Wayzata, Unitarian Church Back to Negotiating Table

An order issued this week by a U.S. District Court judge will send the city of Wayzata and the Unitarian Universalist Church of Minnetonka back to the negotiating table for another attempt at settling a lawsuit now entering its fourth year.

Judge Tony Leung has ordered representatives of the two sides to again meet face-to-face by Jan. 10. If no deal is hammered out, the judge’s Wednesday order requires that the two sides submit a letter to the court outlining their respective positions before and after the meeting and a detailed summary of the existing chasms.

If no agreement is reached, Judge Leung will preside over a settlement conference on Jan. 24—at which the judge wrote both sides should be prepared to “spend all day and evening, if necessary.” 

Background:

This week’s judicial order is the latest development in a dispute that dates back more than three years. Citing ongoing litigation, neither the city of Wayzata nor the Unitarian Universalist Church of Minnetonka has made significant public comments about the lawsuit.

That silence was broken last month when Wayzata Mayor Ken Willcox read a statement outlining the city’s position. The Unitarian Church responded.

Churches are a permitted land use in approximately 4 percent of the 3.2 square miles that make up the City of Wayzata—with just 1 percent of that property privately held.

At present, four churches operate inside the city of Wayzata—all of which were built more than 40 years ago.

Located directly across the street from Wayzata City Hall, the Unitarian Universalist Church of Minnetonka claims in court documents that it has outgrown its current location. The church says its current building, constructed in 1916, has the capacity to accommodate approximately 130 occupants—about half the typical number at an average Sunday service—and now lacks sufficient restroom capacity, kitchen space, parking and handicap accessibility.

Stating it wished to remain in Wayzata, the church sought permission from the city to relocate to a property on the 2000 block of Wayzata Boulevard near the intersection of highways 394 and 12. One of the church’s members bought the desired property in fall 2007, and the church purchased an option to eventually buy the parcel with intent of relocating there.

Three adjacent lots, owned by Minnesota’s Department of Transportation, were also targeted by the church for acquisition—making the total desired site approximately 4.5 acres.

Problems arose when the Unitarian Church petitioned the city to rezone the plat from its current low-density, single-family residential classification to institutional use—the only land designation which city code allows churches to be located.

Nearby residents of the proposed location objected, and the church cites their arguments as the primary reason the rezoning request was denied. The city vehemently rebukes that claim, saying in September 2008 that approving the church’s request would bring down property values in the area, “does not conform with present and future land uses” and “the proposed use will have a negative effect on the area.”

After the planning commission voted 7-2 to deny the church’s rezoning application, the City Council, on a 3-2 vote, likewise declined to do so in late 2008.

Discussions between the church and city continued through the first half of 2009, but no agreement on amending zoning ordinances was reached. The church asserts in court filings that none of their proposals received any support from city leaders—a claim the city denies.

City Council members again debated the church’s petition in August 2009 but declined change their earlier decision.

The church sued, claiming in filings with U.S. District Court a range of infringements on its Constitutional rights.

But the city denies its zoning ordinances are prejudicial toward religious assembling, that its land use restrictions infringe on free speech or that the church is being denied due process or its right to equal protection under the law.

In addition to relief from the city’s zoning ordinances, the Unitarian Church seeks unspecified damages and recuperation of attorney fees.

The city of Wayzata is asking the court to dismiss the lawsuit.