CANTON — The former The Club at 25 Court Street owned by the Christian Fellowship Centers of New York, Inc. will be used as a church following a settlement agreement between CFC and the village of Canton.
At a special meeting held Monday, the Board of Trustees authorized Mayor Michael Dalton to sign, on behalf of the village, a settlement agreement that now concludes the action taken by CFC against the village in the United States District Court for the Northern District of New York.
The settlement will allow the CFC to continue meeting at its property at 25 Court St. and require the village to pay attorney fees of $60,000, the majority of which will be paid by the village through its insurance company.
“Our settlement offer for a modest amount of attorney’s fees and damages has been accepted by the Village of Canton,” said Sorin Leahu, an attorney for the church in an email. “We are grateful to Judge Lawrence E. Kahn for acting swiftly in this case and are pleased that the congregation can now focus on its ministry.”
CFC previously offered to waive all legal fees and damages in a settlement proposal to the village sent on Feb. 18, but warned that it would seek fees and damages going forward if Canton refused to allow the church use of its property. The village rejected this initial offer.
In an email response to the settlement, Jamie Sinclair, pastor of CFC, said, “We are very thankful to the village for recognizing our right to use 25 Court St. as a church, and we are grateful for opportunities to make humble appeals to proper authorities. Although our civil right to worship in this building has been debated for months, the justice system has been faithful to this essential liberty. With this matter permanently resolved, we are eagerly exploring the best ways to use this building as we continue to proclaim the truth that there is forgiveness, hope and life in Jesus Christ. We love our community and are optimistic about what the future holds for Canton and the north country.”
Mayor Michael Dalton said the case is closed and the village will now continue its work on completion of a comprehensive planning process.
“The settlement allows CFC to use its property at 25 Court St. in the village of Canton for church use. The village and/or its insurer will pay $60,000 to counsel for CFC for all alleged damages, including legal fees and expenses in the federal proceeding. CFC and its litigation counsel will provide the village a ‘stipulation of discontinuance,’ which ends the federal action,” said Mr. Dalton. “CFC will issue a general release to the village and its officers and employees, including members of the Village Planning Board and Zoning Board of Appeals.”
He noted the board took this action following review of the decision issued on March 29 by U.S. District Judge Lawrence E. Kahn, which prohibited the village from enforcing its zoning ordinance to prevent CFC from using 25 Court St. as a church, including religious assemblies like those permitted at other churches on Court Street.
“Although we appealed Judge Kahn’s decision, based on thoughtful legal counsel and after a great deal of consideration, the board determined that continuing this action in the face of Judge Kahn’s directive and anticipated future rulings would not serve the village’s interests,” the mayor said.
“This has been a long and arduous process, but we felt we had to consider the long-term best interests of the village — its residents and taxpayers. The board now looks forward to completion of the comprehensive planning process, which we are undertaking in cooperation with the town of Canton and village of Rensselaer Falls. We will pursue the zoning review required by law following completion of a comprehensive plan and will make reasonable revisions to the village’s zoning code consistent with that plan.
“We are grateful for the hard work of many in addressing the CFC lawsuit. We received excellent attention and guidance from our litigation counsel Gregg Johnson, Esq., of Johnson & Laws in Clifton Park, New York, and from our municipal attorney Gerald Ducharme.
“Throughout the process we were consistently impressed by and grateful for the efforts of members of the Village Planning Board and Zoning Board of Appeals, who worked diligently to interpret and apply the village’s zoning laws in a fair and common-sense manner. Their willingness to volunteer for our community is invaluable,” said Mr. Dalton.
The mayor said he and board members applaud the village staff who worked long hours to meet the demands and deadlines of the lawsuit.
“The case is closed and we will move on. The village board and staff will remain focused on ensuring that Canton is a thriving place for all who live and work here,” he said.