Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

California Church Wins RLUIPA Claim Over Use Permit Process

By Howard M. Friedman

In Grace Church of North County v. City of San Diego, (SD CA, May 9, 2008), a California federal district court concluded that the city of San Diego violated the Religious Land Use and Institutionalized Persons Act when it granted Grace Church only a five year conditional use permit to occupy property it leased in the Rancho Bernardo Industrial Park. The court concluded that:

the mandatory CUP process established by Defendants and applied to Grace Church ? with the result that Plaintiff received a CUP of only half the length Plaintiff requested, and has no reasonable expectation that Defendants will approve any extension ? constituted a substantial burden on Grace Church?s exercise of religion. At various levels of Defendants? mandatory CUP process, 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.

... The facts of this case belie Defendants? claim that they have a "compelling interest" in preserving industrial lands in the industrial park where Grace Church has secured its property.

Alliance Defense Fund last week issued a release on the decision and World Net Daily reported on the decision on Friday. (See prior related posting.)

Full post as published by Religion Clause on May 18, 2008 (boomark / email).