Federal court: San Diego treated church with “outright hostility”
http://www.alliancedefensefund.org/news/story.aspx?cid=4515
ALLIANCE DEFENSE FUND NEWS RELEASE
May 15, 2008 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom
Federal court: San Diego treated church
with “outright hostility”
Rancho Bernardo congregation wins ADF-funded lawsuit
against city, planning boards
SAN DIEGO — A federal court handed victory to a Rancho Bernardo church Friday in its land use battle with San Diego officials and two planning boards, noting that officials demonstrated “outright hostility” toward the church and failed to consider relevant federal law. The Alliance Defense Fund provided funding in the case.
“Churches shouldn’t be unfairly burdened by a city’s zoning restrictions simply to be able to exercise their religion. The court held that San Diego officials violated federal law by denying this church a permit that would enable it to operate in its building for the full 10 years of its lease. San Diegans should be particularly concerned about the court’s finding that city officials exhibited ‘hostility’ toward religion,” said ADF-allied attorney John Eastman, dean at Chapman University School of Law who, as founding director of the Center for Constitutional Jurisprudence, served as co-counsel in the case. Robert Loewen of the Gibson, Dunn & Crutcher law firm, which represented the church pro bono, also participated as co-counsel.
In 2006, Grace Church of North County, a non-denominational Christian church, secured a 10-year lease on a property in the community of Rancho Bernardo and filed an application requesting a conditional-use permit, as required by law. San Diego officials recommended denial of the permit, as did the Rancho Bernardo Community Planning Board. After a hearing officer approved a seven-year permit, the planning board appealed, urging that the CUP be denied completely. The San Diego Planning Commission, which heard the appeal, trimmed the permit to five years and told Grace Church “not to come back” for an extension.
In its ruling, the court noted that both the San Diego Planning Commission and Rancho Bernardo Planning Board demonstrated antagonism toward the church: “Grace Church experienced outright hostility to its application, decision-making that is seemingly arbitrary or pretextual, and ignorance regarding the requirements of controlling federal law regarding the application of land use laws to religious institutions…. Frequently during the mandatory CUP process established by Defendants, Grace Church experienced hostility to its application and was admonished not to return in five years for an extension.”
The court ruled that the City of San Diego, the San Diego Planning Commission, and the Rancho Bernardo Community Planning Board violated the Religious Land Use and Institutionalized Persons Act in the case. RLUIPA is a federal statute that protects churches from being subjected to unfair and burdensome zoning laws.
“Federal law and the Constitution clearly prohibit government officials from treating religious groups the way Grace Church was treated in this case,” said ADF Senior Legal Counsel Brett Harvey. “ADF will continue to fund the legal defense of churches being taken advantage of in this way.”
The full text of the summary judgment order issued by the U.S. District Court for the Southern District of California in Grace Church of North County v. City of San Diego is available at www.telladf.org/UserDocs/GraceChurchWin.pdf.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.