By Michael Gryboski, Editor Thursday, November 13, 2025

A judge has ruled against a Colorado church that was seeking to maintain a homeless shelter on its property despite receiving multiple citations from city officials.

Montrose Municipal Judge Thomas LeClaire found Montrose United Methodist Church guilty on four of five counts related to citations received from hosting a homeless camp on its property.

Issued last week, LeClaire agreed with city officials that the church was guilty of violating rules regarding litter storage, nuisance, and uses not listed by zoning and maintenance requirements for supplemental structures. However, on the charge of keeping junk, the church was found not guilty.

A sentencing hearing that has not yet been scheduled will determine the punishment for the church, Colorado Public Radio reported.

Last November, the Montrose City Council passed an ordinance banning people from camping on public property and limiting their allowance on private property.

After the ordinance was approved, Montrose UMC saw a sharp increase in homeless individuals staying on its property, which, according to the city, has led to a series of zoning violations.

City officials filed an emergency abatement in court to try to shut down the shelter on the church property, but Municipal Judge Erin Maxwell ruled against their request in February.

"It's hard not to be overly happy," said Paul Zaenger, a church member and spokesperson, shortly after the ruling, as quoted by 9 News at the time. "I mean, it's a relief because you kind of come to know these people. For now, it is good news."

"In Montrose, we're not meeting the needs for people that are most desperate in our world, most desperate in our society, so there's much more work to be done."

Weeks later, the city dismissed Maxwell during a midday special meeting that was held in March. Montrose City Manager Bill Bell denied any link between the ruling and the firing.

"We had some communication issues and understanding roles and responsibilities in the way of setting salaries and wages, where we had a disconnect," Bell told 9 News back in June.

"This decision wasn't made at all about the Methodist Church issues. … We don't get to dictate how the judiciary decides on these matters."  

Last month, during the legal proceedings, LeClaire decided to block the church from using the Religious Land Use and Institutionalized Persons Act as a defense.

"Defendant's intended use of RLUIPA in this case is both novel and unprecedented. The Court is unable to find a single case or line of authority in which a civil statute has been used to create an affirmative defense in a criminal case," ruled LeClaire, as quoted by CPR at the time.

"In particular, the Court has found no case in which this statute was asserted in a criminal case. Moreover, the usage of this statute would be outside the jurisdiction of the Municipal Court and the limited adjudicative authority granted to this Court."

News Source : https://www.christianpost.com/news/judge-rules-against-colorado-church-in-homeless-encampment-case.html