Mormon church fights N.Y. town's zoning rules

By The Associated Press

01.05.02

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HARRISON, N.Y. — The Mormon church has filed a federal lawsuit against the town of Harrison over zoning rulings restricting the size and height of a proposed temple.

The suit comes after years of wrangling between the church and many residents who fear congestion and environmental damage from the regional temple, which is meant to attract members from Hartford, Conn., to Philadelphia.

Earlier this year, the Zoning Board of Appeals refused to waive the town's 30-foot height limit for the temple, which would be 53 feet tall not counting a steeple. A state Supreme Court justice overruled the board, but the town is appealing.

Last month, the town authorized a fourth traffic study after eight months of public hearings on the church's request for a special-exception permit.

Jim Staudt, a lawyer for the Church of Jesus Christ of Latter-day Saints, said the church had made numerous changes to its plans at the town's request, to no avail.

"Having exhausted all administrative options, the church was left with no alternative but to file suit," he said.

The lawsuit accuses the town of infringing on the church's rights to freedom of religion and freedom of assembly. It asks the court for permission to build the original 89,700-square-foot temple as opposed to the 56,000-square-foot version mandated by the town Planning Board.

Town attorney Jonathan Kraut refused to comment on the lawsuit.

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