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<br />'I <br /> <br />· '-1I)1.-/of G <br />ASKINS & ARMSTRONG, P.C. 6', rY\.r <br /> <br />ATTORNEYS AT LAW /'l " D f f7~ <br />702 W. FAIRMONT PARKWAY V. i _p~') <br />P. O. BOX 1218 Vv Jrl <br />LA PORTE, TEXAS 77572-1218 1'D j <br /> <br />KNOX W. ASKINS <br />JOHN D. ARMSTRONG <br /> <br />September 22,2004 <br /> <br />TELEPHONE 281 471-1886 <br />TELECOPIER 281 471-2047 <br />E-MAIL: kwaskins@aol.com <br />iohn-a@swbell.nel <br />claskins@swbell.nel ,0<..0 <br /> <br /> <br />,~ ~ 'l:-l <br />p.~h.- ~ ().Lf <br />~~) <br />,~\tk ~ <br /> <br />CLARK T. ASKINS <br /> <br />SE? 2 2 20D4 <br /> <br />..... .. ~ ~ ..' . .- <br /> <br />Mayor and City Council <br />City Hall <br />City of La Porte <br /> <br />RE: Demolition ordinance for structure located at 501 S. 4th Street <br /> <br />Dear Mayor and Council: <br /> <br />During the August 23, 2004 council meeting, after .taking action to order the <br />demolition of several structures in La Porte, council voted to table consideration on an <br />item for the demolition of a tin accessory building located at 501 S. 4th Street. Some <br />members of council asked whether possible action by the City ordering the demolition <br />of this structure would by restricted by Federal and State laws concerning state <br />interference with the exercise of religion. <br /> <br />The deed records for this property show a quitclaim deed recorded with Harris <br />County on January 20, 1978, in the name Universal Church of Adoration. However, <br />according to the La Porte code enforcement department, this building has never been <br />utilized for religious purposes. There are no other structures located on this subject <br />property. <br /> <br />The code enforcement department has also indicated that correspondence sent <br />to the Universal Church of Adoration's mailing address at 520 Baywood, in La Porte, <br />has been returned saying "no church at this address, return to sender" and "unclaimed". <br />Also, since the building was placarded by the city, it has received no response from the <br />church. <br /> <br />Our office has reviewed the facts of this case and the applicable law, and has <br />prepared this letter as a legal opinion. <br /> <br />Under Texas law a municipality, in the exercise of its police power, may pass and <br />enforce regulations to promote health, safety, morals or general welfare of the <br />community. Pursuant to this power a municipality may also regulate the building of <br />churches. Congregation Committee, North Fort Worth Congregation, Jehovah's <br />Witnesses v. City Council of Healtom City, Texas, 287 S.W.2d 700 (Tex.Civ.App.-Ft. <br />Worth), 1956. Under the standard established in this case, any restrictions on a church <br />- whether by zoning laws, building codes, or demolition orders - must be 1) in <br />