Case 1:11-cv-00255-EJL_ Document 12 Filed 06/08/11 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO NO LIMITS CHRISTIAN MINISTRIES, CASE NO.: 1:11-CV-00255-8-EJL Ine., an Idaho church, individually and in its capacity as representative of certain AGREED CONSENT ORDER individual members, Plaintiffs, v. CITY OF MOUNTAIN HOME, BONNIE HARPER, RUSS ANDERSON, GEOFF SHROEDER, ALAIN ISAAC, and JOHN/JANE DOES 1-10 in their official and individual capacities, Defendants Before the Court in the above-entitled matter is the Agreed Consent Order submitted by the parties, No Limits Christian Ministries, Inc, (“Plaintif?” or “Church”) and the City of Mountain Home, Idaho (“Defendant”), The parties have agreed that: ‘Witenes, Plaintiff instituted this suit by filing a Complaint for Equitable and Monetary Relief on May 31, 2011, alleging that certain provisions of the City of Mountain Home's Zoning Code, both on its face and as applied, burden Plaintiff's reigious mission by barring Plaintiff from exercising its rights to assemble for worship in its leased space at 535 North Main Street, Mountain Home, Idaho 83647 (the “Property"); Agreed Consent Order = 1Case 1;11-cv-00255-EJL Document 12 Filed 06/08/11 Page 2 of 4 Wurereas, Plaintiff filed an Emergency Motion for Preliminary Injunction as a Matter of Law on May 31, 20115 Wusreas, upon the filing of Plaintifi’s Complaint for Equitable and Monetary Relief and Emergency Motion for Preliminary Injunction as a Matter of Law on May 31, 2011, the City has agreed that the Chureh ean commence meetings on the Property immediately; ‘Witenes, the Property is in a C-3 General Business district, which allows as a permitted use certain nonreligious assembly uses, but does not permit religions assembly uses, except upon the granting of a conditional use permit by the City; Wauneas, the parties agree that the Church should be treated as a permitted use under the terms of the Zoning Cocle because the Code allows nonreligious assembly uses in the C-3 General Business district and does not allow religious assembly uses as permitted anywhere in the City, except upon the granting of a conditional use permit by the City; ‘Wuereas, the Church currently has approximately sixty to seventy (60-70) members attending weekly religious worship services; ‘WreReas, the Property contains thirty-six (36) legal parking spaces and that the Zoning Code provides that Churches must provide one parking space per four seals; WHEREAS, Defendant has maintained that the property has an assembly capacity of 282 persons based upon the square footage of the principal assembly area; WHEREAS, upon this Court signing and entering this Consent Order, Plaintiff agrees to withdraw its Motion for Preliminary Injunction; ‘Wurneas, after reviewing this Agreed Consent Order, the Court concludes that the entry of this Agreed Consent Order compotts with federal and state law and is appropriate under all ‘Agreed Consent Order -2Case 1:11-cv-00255-EJL Document 12 Filed 06/08/11 Page 3 of 4 circumstances to ensure compliance with the requirements of the United States and Idaho Constitutions and RLUIPA; and WHEREAS, the Parties agree to continue to confer in good faith and work toward a settlement of the remaining issues in this case. ‘The Court has reviewed the Agreed Consent Order and finds good cause has been shown to grant the same. ORDER NOW THEREFORE IT IS HEREBY ORDERED that the Agreed Consent Order (Dkt, No. 9) is GRANTED as follows: 1. This Court has jurisdiction over the subject matter of this case, has jurisdiction over all parties to this Consent Order; and venue properly lies with this Court, 2. Defendant will not enforce Code Chapter 4, 9-4-4 against Plaintiff and for zoning purposes the Church shail be deemed a “permitted use” on the Property. 3. Plaintiff may lawfully use and possess the Property for church use subject to Defendant's fie, life-safety, and building code provisions, 4, The City’s Zoning Code provides that the Church’s thirty-six (36) parking spots allow the Church to meet with up to 144 people. 5. Nothing in this order shall be used to constitute infer, or support the position that NLCM concedes that any actions attributable to the City or taken by City officials regarding the parking were ever proper or legal. 6. The City may seek modification of this Order if the Church has not connected to the City’s sewer system within 180 days of the date of this Order 7, ‘The Court is hereby signing and entering this Agreed Consent Order and Plaintiff's Motion for Preliminary Injunction is hereby withdravn, 8, The Defendant will notify and/or promptly provide a copy of this Order to each of its officers, agents, servants, and employees, and those persons in active concert or participation with them. ‘Agreed Consent Order -3Case 1:11-cv-00255-EJL Document 12 Filed 06/08/11 Page 4 of 4 9. ‘This order does not adjudicate Plaintiffs claims to damages, reasonable attorneys’ fees and costs in accordance with 42 U.S.C. § 1988 or claims regarding, other defendants. The parties shall file a joint status report with the Court on or before September 8, 2011, advising the Court of regarding the status of the case and the remaining claims, 10. This Court shall retain jurisdiction of this matter for all purposes. 11, The Hearing on Motion for Preliminary Injunction set for July 7, 2011 is VACATED. ie Bdward J. Lodge ” U.S. District Judge Agreed Consent Order=4