GLENVIEW, Ill. -- Petra Presbyterian Church, the Glenview congregation that wants to convert a Northbrook warehouse into a house of worship, sued Northbrook in federal court Tuesday, asking for a temporary restraining order that would force the village to let the congregation worship in the building. The lawsuit seeks monetary damages to cover rent on the space, plus mortgage payments at its present facility.

According to the Northbrook Star, U.S. District Court Judge Blanche Manning is scheduled to hear arguments on the restraining order request on March 20.

Petra, a congregation of about 175 Korean Americans, asked Northbrook in the fall of 2000 to change the industrial zoning of the warehouse it bought in 2001. The village's plan commission, saying the congregation was a poor fit in the industrial area because of safety, and because it may hurt nearby property values.

Northbrook Village attorney Steve Elrod said Tuesday, "I'm very surprised. The church was not denied zoning relief. It never got the answer. It voluntarily withdrew its petition.' He said despite his surprise, he was confident: "I think this (will be) a clear victory for the village.'

Petra attorney John Mauck said Tuesday that Northbrook's zoning code makes it too difficult to open a house of worship in Northbrook, and whether Petra actually has been refused is beside the point.

"It's true they've never said ‘no,' ' Mauck said. "But if you've got a code that says you're not welcome anywhere unless they first give permission, there's no freedom of religion. … There are 23 zones in Northbrook, and in only one zone is there even a possibility that a church can locate."

Mauck is suing under the federal Religious Land Use and institutionalized Persons Act of 2000, as well as the state Religious Freedom Restoration Act of 1998. Both require that zoning laws make it no harder for houses of worship to achieve permission to operate than it is for similar secular organizations unless governments can prove a compelling state interest.

Village officials admitted Northbrook's codes do not comply with the federal act, and they have held a series of meetings and public hearings in order to update them.

"They're taking an already restrictive code, one that's restrictive of churches, and restricting other types of assembly rather than liberalizing for churches. That's not the spirit of the act,' said Mauck, referring to the commission's suggestions.