A Jefferson County borough has agreed to allow First Apostles Church to resume its ministry of sheltering homeless people in its parsonage, forestalling a federal lawsuit filed on the church's behalf Monday by the American Civil Liberties Union.

Chief U.S. District Judge Donetta W. Ambrose, who had scheduled a hearing yesterday on the ACLU's request for a temporary restraining order, instead signed an order under terms of an agreement reached late Tuesday between Brookville Borough and the church. The order immediately permits eight homeless people and two staff members to live in the parsonage.

Under the order, the parties will spend the next two months trying to negotiate how the church will be used and the awarding of damages. Should no agreement be reached, the case will continue in federal court.

Also, the agreement requires Brookville to dismiss a zoning code violation filed against the church's pastor, the Rev. Jack L. Wisor, that was affirmed by a district judge but was under appeal.

"I'm praising the Lord," Rev. Wisor said yesterday. "We can now move on with our ministry and fulfill what we believe the gospel of Jesus Christ tells us -- to bring in the poor, the homeless and the less-fortunate and care for them as the Lord taught us to do."

He said he believes the resolution will help foster a broader understanding of the homeless problem in Jefferson County "and will help us all work together to resolve the crucial need in our communities."

The suit alleged that the municipality of 4,600 people 70 miles northeast of Pittsburgh violated the church's rights under the U.S. Constitution and federal and state law by improperly enforcing its zoning code to bar homeless people from staying in the church parsonage.

The ACLU contended the church must be allowed to provide shelter to "guests" in its parsonage because doing so is integral to its Just for Jesus Challenge Homeless Outreach ministry.

The borough has said that no one can stay overnight in the church because it violates zoning that prohibits "group housing." But the ACLU claimed the group home classification wasn't applicable because that refers to a "licensed care facility" like a nursing home. Moreover, the lawsuit noted, the church is in a zone that permits a mix of commercial and residential uses.

The lawsuit sought a temporary restraining order, preliminary and permanent injunctions, and payment of compensatory and punitive damages and attorneys' fees and costs.

Despite having operated since 2004, the homeless ministry became an issue in July, when borough zoning Officer Robert Receski issued the citation against Rev. Wisor for allowing three homeless men to live in the parsonage, which has five bedrooms and three bathrooms and is attached to the 111-year-old church.

Following an Aug. 5 hearing, a district judge fined the pastor $500 and he appealed to Jefferson County Common Pleas Court.

Earlier this month, the ACLU sent a letter to council, asking that an intern pastor and five guests be permitted to stay in the parsonage while the appeal was pending. Council members voted 6-0 not to do so.

The ministry's guests -- disabled military veterans, senior citizens, low-level offenders, evicted homeowners and renters, and people referred by mental-health agencies -- were closely monitored by the church's staff, the lawsuit said, adding that no alcohol or drugs were permitted on site and no serious problems have been reported.