Troy, Idaho, fights back against federal religious discrimination lawsuit

News Brief by Tracy Simmons | FāVS News

The small city of Troy, Idaho, (population, about 1,000) has filed its formal response to a federal lawsuit challenging the community’s right to preserve its historic downtown character, rejecting Department of Justice claims that the city discriminated against Christ Church when it denied a conditional use permit in 2023.

The Justice Department filed suit in May 2025, alleging Troy violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it denied Christ Church’s application for a conditional use permit to operate in the city’s C-1 zoning district. The church, led by Moscow pastor Doug Wilson, sought to hold services at a downtown property purchased by church elder Matt Meyer.

Troy’s response

In its Aug. 20 response, Troy officials argue that the federal government is mischaracterizing a legitimate land use decision as religious discrimination. The city contends its denial was based on years of community planning aimed at preserving Troy’s historic two-block commercial district, not religious bias.

According to court documents, Troy’s planning process began well before Christ Church’s 2022 application. The city’s 2012 Comprehensive Plan established a vision for the downtown as a “turn-of-the-century themed business district.” A 2021 plan update, following community surveys, specifically directed that commercial uses be concentrated along Main Street and State Highway 8.

The proposed church use would have generated significantly more activity than previous tenants, according to Troy’s filing. While previous event centers in the district held some large gatherings annually, the religious assembly would conduct 52-160 events per year with 80-150 attendees each. The city argues this intensity would overwhelm the walkable district designed without off-street parking.

Other options

Troy also points to an available alternative location. Church members own the former Troy High School, located 800 feet from the disputed property and outside the historic commercial district. The facility has previously hosted Christ Church activities and offers adequate space and parking, according to the city’s response.

Troy accuses the Justice Department of undermining settlement efforts. City Attorney Todd Richardson says he initiated multiple pre-litigation conferences seeking DOJ guidance on zoning concerns to avoid litigation. The Department declined to provide any information or suggestions, he said, then later criticized the city’s April 2025 ordinance updates as reactive.

Troy argues it provided Christ Church the same transparent procedures used for all conditional use permit applications, including proper notice, public hearings and appeals processes. The city notes it is home to five or more religious denominations and has never discriminated based on faith.

Jurisdiction

In its legal defense, Troy claims the Justice Department lacks jurisdiction because the case involves no interstate commerce or federal funding. The city also argues the DOJ’s requested relief would violate the Constitution’s Establishment Clause by providing special religious preferences beyond what federal law requires.

“What’s happening in Troy should concern every small town in America,” Mayor Bill Abbott said in a statement. “If the federal government can override our community’s planning decisions, then local democracy becomes meaningless.”

The case remains pending in U.S. District Court for the District of Idaho. The Justice Department seeks to compel Troy to allow Christ Church to use the disputed property and require city officials to undergo training on federal religious discrimination laws. Troy has requested a jury trial and dismissal of the complaint with prejudice.