A Michigan pastor is fighting for the right to operate a church after being fined by town officials for hosting weddings and religious events on its newly renovated property, according to a non-profit legal group. 

First Liberty sent a demand letter on behalf of Pastor Don Hamilton and the Sanctum of One God Church to the Charter Township of Windsor after town officials reportedly attempted to prevent the church from engaging in religious activities in its building. 

According to the group, officials have issued multiple citations this month and have refused to work with the church in the last 12 months to help them obtain a "temporary certificate of occupancy" and "special use permit."

The ordeal began last year when Pastor Don Hamilton and his wife, Kathy, purchased an abandoned church building in the Township of Windsor, Michigan, with the vision of opening a new church. The property itself had a rich history as it was the site, for more than 60 years, of a Methodist Church where hundreds of people gathered to worship and fellowship. 

Just six months after being on the market, the Hamiltons closed on the property and began renovations on the old building. After the renovations were completed, the church hosted a wedding for a family friend in September 2024 and also planned an open house to get the word out to the community about the new building.

The Township's Assistant Fire Chief, William Fabijancic, Jr., discovered the church's plan and informed them they needed to resolve a "few fire code issues" and obtain an occupancy permit. 

"The Church informed Mr. Fabijancic of its intention to operate a church and engage in various religious activities onsite and invited him to come into the Church building to perform the inspection," reads the letter. "Mr. Fabijancic declined to perform the inspection at that time but stated he would allow the Church to have the open house and that they would take care of the inspection at a later date."

However, days later, the church reportedly received a cease-and-desist letter claiming the church was operating an "event center" and threatened legal action if they did not stop meeting. 

Church leaders attempted to work with officials to comply with the Township's ordinances, but they contend "officials refused to conduct the requested inspection and instead told the church that Mr. Fabijancic was instructed not to cooperate with or respond to the church until all zoning issues were resolved with the Township."

Pastor Hamilton invited a state of Michigan Fire Inspector to conduct an informal walkthrough of the building to make sure there were no fire code issues. Hamilton and church leaders complied and then attempted to apply for a special use permit, which officials instructed them to receive. 

According to the non-profit legal group's letter, the township delayed processing the permit, while at the same time refusing to issue a temporary certificate of occupancy (TCO) to allow the church to operate while its application was pending. 

It took nine months for the township to issue the TCO, and it severely restricted the church's operating hours as well as its maximum occupancy. The building, which could hold 400 people, was now only able to hold 50.

Additionally, the church was fined $4,500 for hosting three weddings, two of which were for family and friends, during that nine-month period.

Attorneys with First Liberty Institute point out that the township is violating the church's protected rights under the Free Exercise Clause of the First Amendment. 

"It's unthinkable that anyone in the Township of Windsor's leadership would be so anti-religious that they would oppose a neighborhood church's constitutionally protected right to freely engage in its religious activities," said Ryan Gardner, Senior Counsel at First Liberty. "The Constitution and federal law forbid government officials from intimidating and preventing churches from using their property as a place to exercise their religious beliefs."

The legal group also explains that town officials are treating the church more harshly than businesses that have also acquired properties. 

"The Township's continual restrictions on the Church's use of the Property have all but foreclosed any possibility for the Church to function and exist," the letter reads. 

Attorneys representing the Township of Windsor told CBN News in an emailed statement that the church is authorized to have religous services, but "commercial events are not allowed."

"The building has undergone renovations without building code inspection. Building permits or inspections for those major renovations or an outdoor entertainment area have not been provided. It has not passed a building inspection nor a final fire code inspection. It is not an appropriate venue for commercial wedding receptions," explained Matt Kuschel, a senior associate with Fahey Schultz Burzych Rhodes, PLC.

He also noted that the cease-and-desist letter came from the previous Township administration and that the new officials have "continued to assist the owner in finding a path for its desired land use at the Property."

In a letter dated October 22, the legal group demanded that Windsor Township not only allow the church to operate its full ministry but also withdraw its citations. 

First Liberty noted that officials have 14 days after receiving the letter to respond, or they could potentially face other legal actions, including "all available remedies, including injunctive, declaratory, and monetary relief and attorneys' fees."

Kuschel explained that the church is not limited in the legal activities it can pursue on the property, but have to "follow the appropriate process for what they envision at the site."

 "If Tarrington Group wants more activities, then the Property must conform to the Township's zoning ordinance. In the Property's zoning district, that requires a special use permit for church operations. Tarrington Group may do more than the Dimondale UMC if they re-submit the special use permit request. They remain welcome to do so but have not," he wrote. 
 

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