title
PROPOSED SETTLEMENT IN FIRE OF GOD MINISTRIES, INC. V. CITY OF GAINESVILLE (CASE NO.: 1:06-CV-188-SPM-AK - U.S. DISTRICT COURT) (B)
recommendation
The City Commission 1) approve the terms of the settlement agreement; 2) authorize the City Attorney and/or outside counsel to settle the claim of Fire of God Ministries, Inc. on behalf of the City.
explanation
In September 26, 2006, the Mayor was served with a Summons and Complaint by Fire of God Ministries, Inc., alleging that the City applied its land development code in an unequal and discriminatory manner by requiring Plaintiff to apply for a Special Use Permit. The Plaintiff asked the Court to enjoin the City from requiring it to obtain a special use permit and to declare the City in violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA), the First Amendment and Equal Protection laws. The Plaintiff later added counts requesting damages.
The City and Fire of God attended a court ordered mediation. After the City issued a zoning compliance permit so as to comply with RLUIPA, the parties negotiated a settlement whereby Fire of God Ministries, Inc. agreed to conditions associated with its use of the property, the same type of conditions that Fire of God Ministries, Inc. would have to comply with had they obtained a special use permit. The City agreed to pay Fire of God Ministries, Inc. certain attorney fees and costs in the case in the amount of $30,000.00 and to waive and/or reimburse other costs in the amount of approximately $560.00. It is the recommendation of the City Manager, outside counsel, and the City Attorney's Office that the case be settled as described above.