The Rock Church can continue to provide temporary housing onsite, following a settlement with the Town of Castle Rock.
On June 13, attorneys for The Rock Church, 4881 Cherokee Drive, announced that the church had reached a settlement agreement with the Town of Castle Rock, bringing an end to a federal lawsuit the church filed against the town in May 2024. According to the terms of the settlement, Castle Rock issued a revised Letter of Determination that explicitly permits the church to continue offering housing, as well as agreeing to pay $225,000 toward the church’s attorney fees. Additionally, the settlement allows the church to operate a coffee shop ministry on site.
“This is a welcome resolution that goes far to encourage churches who care for those in need and a good example of the type of cooperation between church and state that every community should welcome,” said First Liberty Senior Counsel Jeremy Dys.
First Liberty, a nonprofit law firm dedicated to defending religious freedom, represented the church.
The lawsuit originates from a dispute regarding the church’s ability to provide temporary housing. Since 2019, the church had been using an RV and a trailer to temporarily house people who otherwise would have nowhere to stay. In 2023, town officials shut down the arrangement, arguing that it was not permitted by the church’s zoning.
Last year, the church filed a federal lawsuit against the town, alleging that Castle Rock was violating the church’s religious freedom by prohibiting it from offering short-term shelter to people in need. Last July, a judge granted an injunction in the case, allowing the church to reopen its temporary shelters.
Since the injunction, the church and the town sought to resolve the dispute without further litigation. As part of its efforts, the town issued the revised Letter of Determination on Dec. 2, 2024, allowing the church to continue operating its temporary shelter ministry with the two trailers currently located in the church parking lot. The letter also clarifies that zoning regulations do not prevent the church from offering additional housing during public emergencies through its partnership with the Red Cross.
While the church will continue housing people, the agreement gives the town the option to install additional fencing or landscaping to partially screen the location of the units from the surrounding neighborhood.
The Town of Castle Rock and The Rock Church put out a joint statement addressing the resolution of the lawsuit, which focused on a collective desire to move forward from the lawsuit collaboratively.
“The Town and the Rock believe that this agreement is in the best interest of all parties and successfully balances the Rock’s religious free-exercise rights with the Town’s public interest in enforcing land use regulations and protecting the general welfare, public health and safety,” the statement reads. “The Town and the Rock are no longer in an adversarial posture in regard to the litigation and look forward to productive cooperation and potential partnerships on issues in the future.”
The Rock Church’s Pastor Mike Polhemus read a statement to the Castle Rock Town Council on June 17, expressing his excitement to continue providing shelter through the church. According to Polhemus, the church has housed several people since a judge granted the injunction last July — including a family of 10, a single mother and a young man.
“The Rock Church is honored to play a role in our community to help increase the stability of unstable families, and to assist with reducing homelessness in our community,” Polhemus said.
Polhemus also noted the church was thankful for the support it had received throughout the lawsuit.
“We’re thankful for the many support letters, the emails, the calls of encouragement from our community throughout this litigation process,” Polhemus added. “It’s a testament that we live in a community that truly loves and cares about their residents and their neighbors, and desires to see people off the street, back on their feet and reintegrated into society.”