Court upholds $3.7 million verdict; PG County petition for rehearing denied

BALTIMORE March 30, 2010 In a closely watched case involving the right to religious exercise, the U.S. Court of Appeals for the Fourth Circuit upheld a $3.7 million verdict against Prince George's County, Maryland in favor of Reaching Hearts International, Inc., a Seventh Day Adventist congregation. The Court of Appeals subsequently entered an Order denying the County's petition for rehearing and rehearing en banc.

Prince George's County had appealed a 2008 verdict in which a federal jury found that the County had discriminated against Reaching Hearts on the basis of religion and that the County substantially burdened the religious exercise of the Church. The jury reached its verdict following a seven day trial before U.S. District Judge Roger Titus.

Reaching Hearts purchased 17 acres of land in West Laurel, Maryland in 2001 where, according to Prince George’s County zoning laws, a church is a permitted use as of right. Over the course of the following years, Prince George’s County repeatedly thwarted Reaching Hearts’ numerous attempts to build a church on its property. In addition to upholding the damages award against the County, the Court of Appeals also affirmed the injunction entered against the County, which prohibits the County from using its local government land use procedures to discriminate against Reaching Hearts in the future.

Reaching Hearts was represented by Gallagher, Evelius & Jones’ litigators Ward B. Coe III, David W. Kinkopf, and Brian T. Tucker. "This decision is a victory not only for Reaching Hearts," said Ward Coe who served as lead attorney in the case, "but also for religious organizations throughout the country. The issues at stake are constitutional. Federal law recognizes the importance of religious exercise which is the first freedom guaranteed in our Bill of Rights."

"This is a case that has been closely watched both by other jurisdictions and religious organizations," said Dave Kinkopf who served on the trial and appellate team and has been involved in a number of successful religious land use cases. "Religious organizations have unique protections under the law. This case is another reminder that government cannot discriminate against religions nor substantially burden their ability to pursue their religious mission. We are proud to represent this congregation as it seeks to exercise its religious freedom by building its church."


About Gallagher

Founded in 1961, Gallagher Evelius & Jones is a Baltimore-based law firm focusing on litigation, health care, real estate and business transactions, tax, employment, education, affordable housing, and non-profit matters. The firm has more than 40 attorneys serving institutional, corporate, and tax-exempt organizations.