Updated: Wednesday, 08 Oct 2008, 12:37 AM EDT
Published : Monday, 25 Aug 2008, 6:46 PM EDT
VIRGINIA BEACH, VA. (WAVY.com)-- In the heart of Pungo sits a place of peace.
WAVY.com followed the story of these Buddhist monks since city council gave them one year to find a new home. Now, this place of spiritual guidance may have the scales of justice tipping in their favor says Attorney John Stepanovich.
"The city obviously has a choice, to follow the law or not follow the law and I'm sure if they don't, they've bought themselves a lawsuit."
The Religious Land Use and Institutionalized Persons Act was passed by Congress in 2000. It protects religious people and institutions from discrimination.
"For years and years and years, local zoning boards and cities had sort of unchecked and unlimited power over these religious institutions. Congress had tremendous evidence of that discrimination and passed this law to stop it."
Earlier this month, the planning commission voted against issuing a new permit after neighbors re-voiced their concerns about the amount of visitors on the property.
Stepanovich says the law requires the city to provide substantial evidence that traffic is a problem at the house.
In the end he says, what is the cost the city is willing to pay to allow the monks to continue to pray in peace?
"The city and the city attorney know very well about this statute and I would add if a lawsuit is filed and the city looses, then the plaintiff is allowed to recover all of its attorney fees from the city."
The monk's attorney, Morris Fine told WAVY.com by phone, he hopes to keep the case out of federal court.