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PITMAN, N.J. -- A church that fed and counseled 482 people in May through its food pantry is suing the borough it is located in to keep the pantry open, according to a news report in the Courier-Post.

First Presbyterian Church filed a lawsuit in Superior Court, after the borough denied a request for a zoning variance by a 4-3 vote in April.

The church has been operating the pantry under a permit issued in October 2002 by the borough zoning officer. The pantry and counseling services are located in an off-site building the church owns.

The lawsuit claims the decision to deny the variance was arbitrary, contrary to the evidence presented and unconstitutional. The church cited the Religious Land Use and Institutionalized Persons Act of 2000, saying the denial, "imposed a substantial burden on the exercise of religion," without a compelling government interest.

The food pantry, which logged 173 family visits in May, is part of the church's, "mission and ministry," according to the suit, and should be allowed to operate. Previously, the pantry was housed in other church buildings. The present location was previously a home for the disabled.

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