Appeals Court Hears Arguments in The Summit Church Zoning Dispute
The U.S. Court of Appeals for the 4th Circuit recently heard arguments regarding a legal dispute between The Summit Church, led by former Southern Baptist Convention President J.D. Greear, and the Chatham County Board of Commissioners in North Carolina. The case centers on the county's 2025 denial of a rezoning request for 100 acres intended for the church's Chapel Hill campus expansion.
In 2025, a U.S. District Court judge issued a preliminary injunction in favor of the church after it filed a lawsuit alleging religious discrimination under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The church contends that the county's zoning decision violated its constitutional rights and federal protections against discriminatory land-use regulations.
Representing the county, attorney Steven Bader argued that the case is a matter of separation of powers rather than religious freedom. He asserted that federal courts lack the authority to mandate specific legislative outcomes for local zoning boards. The county is seeking to overturn the preliminary injunction, maintaining that while courts may invalidate legislation, they cannot compel local governments to legislate in a court-directed manner.