Religious Freedom Clash in New Jersey as Town Plans to Convert Church Property into Pickleball Courts
New Jersey church vows to fight eminent domain after Toms River Township moves to seize its property.
A dispute in Toms River, New Jersey, has escalated after the local municipal government initiated steps to seize a 10-acre property owned by Christ Episcopal Church, with plans to redevelop the site into a public recreation area featuring pickleball courts and soccer fields.
The controversy erupted after church leaders moved forward with expanding outreach services for the area's homeless population, including a proposal for a 17-bed overnight shelter. The initiative, which was first submitted and approved in July 2023, met opposition from some residents after the application to house the homeless became publicly known.
"It didn’t take long for neighbors to become concerned," said Harvey York, attorney for Christ Episcopal Church. Local council members responded by placing an ordinance on their April 30 agenda to condemn the entire church campus—which includes the church sanctuary, parish house, auditorium, school, and deacon’s residence—through eminent domain.
According to York, the township's move is not only unprecedented but also retaliatory in nature. “It is clear that this is being done in retaliation for the church making an application for a homeless shelter,” York stated, highlighting potential violations of constitutional religious freedom protections as well as the federal Religious Land Use and Institutionalized Persons Act (RLUIPA).
The township insists its intentions are civic and recreational. However, York challenges the justification, arguing, “The township has never thought of this as a recreational site. For them to say they need recreational land flies in the face of the facts and their master plan.”
Reactions within the community have been mixed. While some residents reportedly support the mayor’s efforts to condemn the property, York claims that “the majority of the community is shocked and dismayed." Offers of legal assistance have poured in from across the nation, according to the church’s counsel, as advocacy groups watch the proceedings closely.
Litigation over the property seizure appears inevitable. "The plan will be decided by the diocese," York said, "but they certainly will litigate the issue, and I believe it will be successful." Reminding officials of the church’s protected status, he added, the government should “mind their own business and stay out of the religious affairs of the community.”
To date, five or six public hearings have been held on the matter. The next zoning board meeting is scheduled for May 22, where a further showdown is expected. The Township of Toms River has yet to comment publicly on the litigation or the upcoming hearings.
Church representatives maintain that their shelter application meets all local and state codes, noting that the original outreach center was approved last year. As the conflict heads to the courts, the outcome could set a significant precedent for how municipalities approach issues at the intersection of property rights, religious freedom, and local zoning authority.
