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Church Challenge To Zoning Enforcement Not Barred By Claim Preclusion

By Howard M. Friedman

In McGuire v. Clackamas County Counsel, 2009 U.S. Dist. LEXIS 111390 (D OR, Nov. 24, 2009), an Oregon federal district court rejected a magistrate's findings that "claim preclusion" required dismissal of claims by the pastor-founders of a local church alleging that application of local zoning ordinances violated their free exercise of religion. The federal magistrate judge's recommendations, with additional background, are at McGuire v. Ciecko, 2009 U.S. Dist. LEXIS 111127 ( D OR, Oct. 26, 2009). The suit also alleged that the local prosecutor in the earlier case seeking zoning enforcement had defamed plaintiffs by attacking their motives for forming a church. The district court accepted the magistrate's recommendation that this claim against the prosecutor be dismissed on immunity grounds, but referred the case back for the magistrate to rule on whether the immunity defense applied to other defendants in the case as well.

Full post as published by Religion Clause on December 03, 2009 (boomark / email).