A lawsuit filed this week on behalf of a Christian group seeking to operate a storefront church alleges that officials with the city of Dover are violating their constitutional rights by requiring them to obtain a permit.
The Prayer Room signed a lease for ground floor space in the city’s downtown in April, with the intention of hosting worship and prayer gatherings. The city contends, however, that because religious activities are not explicitly listed as an approved use in local zoning rules, the Christian group must file for a permit. Without that approval, the city is withholding a certificate of occupancy for the church.
Cornerstone, an advocacy group that calls itself a “voice for Christians in Concord and the courts,” filed a lawsuit this week accusing the city of violating a 2022 state law that aimed to shield religious institutions from additional regulatory burdens.
“Although The Prayer Room will comply in good faith with neutral and reasonable zoning requirements, plaintiff takes the position — in part because it wishes to help protect other religious communities in New Hampshire — that municipalities must stop flouting” the law, the complaint alleges.
Dover’s attorneys previously encouraged The Prayer Room to file for the permit, informing them that the municipal staff would support the application, and that it could be approved in a single meeting. In a letter from Oct. 6, Josh Wyatt, Dover’s lead attorney, told Cornerstone that its permitting process “applies neutrally and equally to all religious and nonreligious uses not already listed in this district’s zoning table.”
According to the complaint, The Prayer Room replied to questions from the city’s zoning department in April, including about its intended hours of operation, expected attendance, and parking needs. The city then instructed the group to complete a conditional use application, because of the "uniqueness” of its intended purpose, the lawsuit alleges.
The Prayer Room refused to complete the permit application, citing concerns the process violates its religious protections under the state Constitution and a recently enacted law.
In 2022, then-Gov. Chris Sununu signed a bill that sought to shield religious gathering spaces from zoning ordinances or reviews unless those rules are equally applied to non-religious spaces.
Cornerstone argues the city is perpetuating a longstanding problem faced by local religious groups, arguing that “many New Hampshire municipalities have taken a maximalist view of their own authority and continued to behave as if this statute does not exist.” Restaurants, retail shops or offices wouldn’t require a conditional use permit in Dover, the lawsuit alleges.
Municipalities have previously argued that religious institutions shouldn’t be able to bypass normal zoning practices that other non-religious entities may need to comply with.
The lawsuit asks for the courts to order Dover to drop its requirement for a permit, and pay nominal damages to the group.
In its October letter, the city asked The Prayer Room to reconsider its opposition to applying for a permit. It also said the group could face civil penalties if it ignores zoning laws.
