A lawsuit against the city filed earlier this year by neighbors of the First Baptist Church on S. Section St. was dismissed by Judge Charles Partin on June 26th, according to court documents.
William Hixon and other neighbors had alleged the city had violated its own zoning laws by allowing the church to use near-by vacant lots -- presently zoned R-2 -- for 3 new church parking lots.
Partin: "(COF's) motion to dismiss is granted because the plaintiffs failed to exhaust the administrative remedies and Section 8 of the zoning ordinance is inapplicable because this action involves a use and not a building or structure."
In a statement to the Times, the council's legal liaison, Rick Kingrea highlighted the last part of the ruling: "As I read the order, the suit was dismissed for more than "failure to exhaust" admin. remedies. The finding concerning a "use" versus "a building or structure" is important."
HEADED TO BOARD OF ADJUSTMENTS
According to Planning Director Johnathan Smith, the appeal may be heard as early as the September Board of Adjustments meeting.
Based upon the outcome of that meeting, the case may then be brought back to circuit court.
(A source at city hall says the church eventually plans to expand its main building into the old paved parking area on its west side.)