DETROIT -- The American Center for Law and Justice (ACLJ) filed a federal lawsuit against the City of Inkster, Mich., charging the city with using zoning laws to keep a church from locating on property it owns, according to a news release.

The Washington, D.C.-based law firm specializing in constitutional law represents Emmanuel Apostolic Faith Temple. The church bought property for $76,000 in January 2002 and has not been able to use it. The ACLJ maintains the church is being treated differently than non-religious entities.

"The facts of this case clearly show that the city uses zoning laws to penalize churches and houses of worship," said Francis J. Manion, senior counsel of the ACLJ. "The law prohibits land use regulations from being used to discriminate against religious intuitions.

"In this case, our client is not only being unfairly singled out in a discriminatory fashion, but the zoning regulations themselves are clearly designed to limit and prevent churches and houses of worship from locating in the city," Manion said. "That type of policy is not only wrong, it is unconstitutional as well."

The city planning director told the Rev. Yvonne Hawkins Bell a revised zoning code would permit a church to be located on the property if "special conditions" were met, according to the suit. It did not specify what the special conditions were.

In July 2002, the city said Bell could not use the former Inkster Golf and Athletic Club facilities as a church because the property required too many variances.

The suit, filed in U.S. District Court, contends the city's code prohibits religious organizations from locating a church in the city unless the organization meets a series of burdensome special conditions that only apply to churches. Private clubs, fraternal organizations and lodge halls are permitted to locate and operate with the city without being subject to special conditions.

That violates the First and 14th Amendments of the U.S. Constitution, as well as the Religious Land Use and Institutionalized Persons Act of 2000, according to the ACLJ. Under that law, no government can impose land use regulations that infringe on the exercise of religious activity unless it can show a compelling government interest.

"It is simply inappropriate and discriminatory to use zoning laws to exclude the formation of establishment of churches in a community," said Manion. "We're confident the court will protect the interests of our clients by declaring the actions of the city void. The law requires equal treatment and that is all that our client is seeking in this matter."