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City of Troy – Idaho
October 26 at 8:31 AM
@everyone
STATEMENT FROM THE CITY OF TROY REGARDING DENIAL OF C.U.P.

In November 2022, the City of Troy received a Conditional Use Permit (“CUP”) application from Mr. Matt Meyer and 424 S. Main, LLC. The application sought the CUP to allow the building “to be rented to a religious organization for religious meetings.”

The City followed the law in scheduling a public hearing regarding the application for the CUP, and then adopted findings of fact and conclusions of law and made the decision to deny the CUP.

Mr. Meyer then requested a reconsideration of the denial. After consideration of that request, the City Council determined to deny the reconsideration.

The City has not granted the Conditional Use Permit to Mr. Meyer or 424 S. Main, LLC. Under the City zoning code, a church is a property use that requires the granting of a Conditional Use Permit.

The City of Troy has at least five (5) religious denominations that currently have locations in the City for religious services. None of those have a location in the “C-1 Central Business” zone for the City of Troy. The location at which Mr. Meyer and 424 S. Main, LLC., have sought a CUP is in the “C-1, Central Business” zone for the City.

The City of Troy’s “C-1, Central Business” zone is a zone that embraces approximately 2 blocks on Main Street within the City, and is defined as follows:

The central business district (C-1) is intended to preserve and enhance the downtown business sector along a turn of the century theme. This district will provide general shopping center retail needs to the community. This district applies to the original core commercial area of the downtown. The building uses in the central business district reflect the desire to have parking provided on a district basis rather than having each individual building or use provide parking. – Troy City Code 9-6A-1

Since the denial of the CUP, 424 S. Main, LLC has rented the facility to a religious organization that has been holding religious services on a regular basis. The City has received numerous inquiries as to what is being done about this apparent violation.

The City Council has determined that the citizens deserve to be informed as to the activities surrounding this issue, though there remain issues which will not be disclosed pursuant to the advice of our legal counsel and to protect the City’s legal interests.

A complaint was filed with the United States Department of Justice (DOJ), complaining that the City was violating the rights of Christ Church of Troy by denying the CUP. The allegations are generally that the Religious Land Use and Incarcerated Persons Act (RLUIP), a federal law, has been violated by the City by its denial of the CUP. The City has denied those allegations and continues to deny that it has acted in any way improperly.

Despite the City acting properly and denying the claims made against it, the United States Department of Justice has determined that it wants to proceed with a lengthy investigation.

The City is voluntarily cooperating with the DOJ and its investigation. We do not know and cannot estimate when the investigation will conclude, though we anticipate that it will take several months.

During the period of the investigation, and depending on what is learned through the investigation, perhaps into the future, the City does not plan on taking legal action against Christ Church of Troy for its violation of the City zoning ordinance.

The City continues to work with its attorney to address the issues before it in a responsible and careful manner to try to fully protect the City and not incur unnecessary expenses or costs to the taxpayers.

Todd Richardson
City of Troy Attorney

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