CASTLE ROCK, Colo — A federal judge ruled that the Town of Castle Rock cannot enforce a land use code against The Rock evangelical church for providing temporary shelter for unhoused people on its property.
U.S. District Court Judge Daniel D. Domenico handed down the ruling on Friday. The decision granted the church a preliminary injunction.
The church sued Castle Rock earlier this year after it received a "letter of determination" from the zoning manager stating that the church was violating zoning regulations and that it couldn't park RVs used as residences on site.
The church claims, among other things, that the town violated the Religious Land Use And Institutionalized Persons Act because its religious beliefs compel it to run a makeshift homeless shelter.
Castle Rock
Church that housed homeless files lawsuit against Castle Rock
The Rock Church lead pastor, Mike Polhemus, said the church offered temporary housing for two campers in the parking lot. Polhemus said the church can house, at most, two families at a time.
"We have to have a place where we can— in emergency situations— bring someone in and temporarily house them or shelter them ... until we can get them back on their feet," said Polhemus.
With the federal ruling, the church can offer temporary shelter services again while the lawsuit is ongoing.
"This is a quintessential act of a church to care for those who need shelter on a temporary basis," said attorney Jeremy Dys, who's representing The Rock Church.
Dys celebrated the ruling and said they hoped it would be the first step toward permanently allowing the church to offer the shelter.
“We look forward to making that not just a temporary solution, but a permanent solution," said Dys.
Denver7 contacted the Town of Castle Rock when the suit was filed but said at the time that it could not comment on pending litigation.
