A legal effort to clear an unsanctioned camp on church property in Montrose will have to be settled in municipal court after a district court judge sided with the church in a ruling filed Monday.
The order marks the latest in a monthslong dispute between city officials concerned about a nuisance near the downtown area and a church congregation that says helping the area’s unhoused is a key tenet of their faith. After a municipal court judge in February ruled against a city request for an emergency abatement to clean the camp, other hearings on the dozens of nuisance citations filed against the church were put on hold pending the district court claim filed by city officials.
In a seven-page ruling, 7th Judicial District Court Judge Keri Yoder granted the United Methodist Church’s motion to dismiss a district court complaint filed by the city of Montrose, saying that the city made its first claim against the church in municipal court and that’s where the case should be decided.
“As explained below, the Court lacks jurisdiction because the city has already invoked its own jurisdiction over the alleged violations by filing the enforcement action in municipal court,” the ruling said.
Yoder disagreed with the city of Montrose’s argument that the case should be handled in district court because the church intended to make a First Amendment defense.
“The City’s argument is untenable because it would split the Church’s affirmative defense from the enforcement proceeding and require the parties to litigate it in a different forum,” Yoder ruled.
However, Jock Fleming, attorney for the church, said the church doesn’t believe they even need to make an argument about a Constitutional right to Freedom of Religion.
“Despite what the city keeps filing, trying to pin us down to the First Amendment, the position of the church is, first of all, we didn't violate any ordinances, so none of the First Amendment stuff even matters,” Fleming said.
Officials with the city of Montrose could not be reached for comment.
When the city first took the Methodist Church to court, it did so over mounting citations related to zoning and nuisance violations. The issue of those citations has yet to be resolved. At the same time, city officials sought an emergency abatement order from the municipal court, pointing to fire and public health concerns at the unhoused camp.
Fleming said it was his understanding that the municipal court would need to pick up the past abatement matter and set a separate hearing to handle the citations.
“As far as I'm concerned, it's up to the city to file something. So now we're just waiting for the city to file something in municipal court,” Fleming said.
Funding for public media is at stake. Stand up and support what you value today.
