Court ruling permits church on Broadway City's redevelopment plan does not violate minister's rights BY CHRISTINE VARNO Staff Writer LONG BRANCH - The Rev. Kevin Brown will be opening the doors to the Lighthouse Mission on downtown Broadway this week after being denied approval to operate a church in the area by the city for more than a decade. The 3rd U.S. Circuit Court of Appeals issued a ruling on Nov. 27 giving Brown the go-ahead to operate a church at the building he owns at 162 Broadway. "For the last 13 years there has been a question mark about whether I was a legitimate minister and was this a legitimate church," said Brown in an interview last week. "It has had an emotional, physical and spiritual toll on me. For a while, it was just me believing in me. "With this ruling, it feels like chains falling off me. I feel great now," he said. The victory was bittersweet, according to Brown, who said the lawsuit was twofold and only one ruling went in his favor. Brown was asking for the right to use 162 Broadway as a church, and for the court to determine that the zoning of the city as it pertained to his building violated his constitutional rights. Brown was also challenging the city's redevelopment plan, which calls for the city to acquire 162 Broadway through eminent domain to make way for the Broadway Arts mixed-use redevelopment project. "Virtually, [the ruling] is telling Long Branch that after abusing us for 13 years and violating both the church and minister's civil rights, you can take the building by eminent domain," Brown said. In the suit, Brown also argued that the city's redevelopment plan violated his constitutional rights. "The redevelopment plan … also violated our constitutional rights," Brown said. "The city's redevelopment plan centered on assembly and gathering uses solely for entertainment of a secular purpose. "To allow the development plan to virtually eliminate us because as a church, if allowed, the city would have to gain our waiver to place additional liquor license establishments within 200 feet of the entrance of the church. "The city argued that they needed to be able to open bars, clubs and drinking establishments for the sake of the success of the redevelopment of our block," he said. The court ruled that the redevelopment plan does not violate Brown's constitutional rights. Brown said he plans to appeal the decision and "go all the way for the total victory." "I am disappointed in the decision," Brown said. "I really believe we will win [the appeal]. "It does feel good, though, that after all these years, the court did say that what the city was doing [when it prohibited church use] was wrong. I am going to concentrate on getting the church up and running," he said. Brown is also expected to appear in state Superior Court next month to challenge the city's plan to condemn his property and acquire his home through eminent domain. Redevelopment plans call for developer Broadway Arts Center to construct a $180 million arts and entertainment project in the two-block downtown Broadway zone, which is where Brown's building is located. The grand opening of the Lighthouse Mission was in March 1992 at 159 Broadway, according to Brown. In November 1994, Brown said he purchased 162 Broadway and when he attempted to move his church to the new location in 1995, he was told a church use was not permitted in the zone. Brown has maintained a residence in the second-floor apartment at 162 Broadway and has leased the first floor of the building to several commercial tenants over the years. The first floor was vacated by Garcia's Music Store in November, and Brown said he is ready to start to build his church at the first-floor Broadway location. "It is a grand reopening, a victorious reopening," he said. "I have 12 years to make up for and need as many people to come forward to help as possible. "We are planning to open the [first floor of the building] for church outreach to the community," he added. A schedule of operations at the church is expected to be posted this week, and Brown said he plans to hold a Christmas service this month. Brown said his first mission is to build a worship team and then he plans to develop a café and social club operation out of the building for people in the community to share concerns and build a support network. "My style of ministry is contemporary, upbeat and Pentecostal, as well as interdenomination," he said. "The core elements of the congregation are to reach out to the community and provide assistance to whoever." Programs to be added at the church in the future include a lunch program and an emergency shelter, which Brown said are not possible at this time due to a lack of funding. "In 1999, I had a congregation of 60 people," Brown said. "It has been almost eight years since I have had formal church services in Long Branch. "I don't know how many people will come," he said. For more information about the Lighthouse Mission, call Brown at (732) 222-6224 or visit www.Lighthousemission.com.