Toms River officials try to seize church land after it opens doors to homeless — lawyers say it’s religious retaliation, plain and simple.
A quiet church in suburban New Jersey is now the flashpoint of a national battle over religious liberty — and it’s not about sermons or scripture. It’s about pickleball.
Christ Episcopal Church, a historic congregation in Toms River, says the town government is trying to bulldoze faith-based outreach to make room for recreational fields — all under the guise of eminent domain.
But according to the church’s attorneys, this is not about sports or green space. It’s about punishing a church for daring to help the homeless.
“Let’s call it what it is — retaliation,” said Harvey York, lead counsel for the church. “The township didn’t care about this property until we said we were putting beds in it for people with nowhere to go.”
The Shelter That Sparked a Seizure
Last summer, the church filed a proposal to open a 17-bed overnight shelter and community center — part of a larger initiative to serve Toms River’s growing homeless population. It was approved, but backlash came swiftly.
Just days after a public notice about the project reached residents, the township council suddenly added Christ Episcopal’s 10-acre property to its April 30 agenda — under an ordinance to seize the land for public recreation.
The plan? Demolish the parish house, sanctuary, and surrounding buildings to pave way for pickleball courts, soccer fields, and green space.
York says the sudden change of heart by local officials flies in the face of their own development plans. “There’s no shortage of open land in this township,” he said. “This is about power and politics — not planning.”
A Town vs. Its Faithful
The church’s historic property — which includes a sanctuary, school, auditorium, and clergy residence — has been part of Toms River since the 1960s. For decades, it operated quietly, hosting weddings, funerals, and community events.
That changed when it dared to expand its ministry to the area’s most vulnerable.
“It’s heartbreaking,” said longtime congregant Martha Diaz. “We’re trying to live our faith, and the town is treating us like criminals.”
On April 29 — just one day before the council meeting — a concerned local tipped off church leadership that their land had been slipped into the eminent domain proposal.
“They tried to sneak it in at the last minute,” York said. “They knew exactly what they were doing.”
Legal Firestorm Brewing
Christ Episcopal’s legal team is preparing for a courtroom fight — armed with constitutional arguments and federal law.
Under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the federal government prohibits towns from interfering with religious land use without compelling justification. York says the town’s actions don’t even come close.
“You don’t have to be a First Amendment scholar to see this is wrong,” he said. “If they can do this to us, they can do it to any church in America.”
A lawsuit is almost certain. The Episcopal Diocese is reportedly backing litigation, and legal observers predict a national spotlight.
“This could be the next big religious freedom case,” said legal analyst and former federal prosecutor Tom Reynolds. “The facts are egregious, and the optics are terrible for the town.”
A Divided Community
The battle is dividing the community.
“There’s a small group cheering this on,” York said, “but most folks — even if they don’t go to our church — are appalled.”
Local business owner Angela Cortes agrees. “I don’t go to Christ Episcopal, but this feels like government overreach. If the church wants to help the homeless, let them. That’s America.”
Five zoning board meetings have already taken place, with the next scheduled for May 22. A final decision could still be months away, but the church says it’s not backing down.
A Warning for Other Faith Communities
“This isn’t just about Toms River,” York said. “It’s about whether religious institutions in this country are still free to serve without fear of government punishment.”
And as towns across America scramble to rezone land and appease vocal homeowners, churches that serve the needy may find themselves next in the crosshairs.
“We’re standing our ground,” said Diaz. “This is holy land — not a playground.”
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What hypocrisy! The government trying to use eminent domain to seize the property of a religious organization in order to construct pickleball courts. Something is seriously mentally wrong with these bureaucrats. Seems like there needs to be a housecleaning of the legislature and government in New Jersey, in order to purge this sort of corruption from our lands.
I believe the Town’s leadership is sorely lacking any Spiritual growth! When the Spiritual is missing, that leaves too much room for evil to climb in — and it obviously did!
That Town Council needs to wake up and look around. Our World has changed and is hurting Big Time! To make it good again, the Council members must open their hearts and support the church that is trying to take care of the Homeless!
STOP trying to close that church down Council members!! GET OFF YOUR BUTTS AND GO HELP THAT CHURCH instead of trying to destroy the church!
SHAME, SHAME ON THE COUNCIL MEMBERS! I bet St. Peter has a few things to discuss with every member of that town council BEFORE he decides to let them into Heaven…or Not!
WWJD?? don’t think it’d be playing pickleball.