Court scolds city for 'hostility' toward church

Federal judge finds fault with planners seeking to zone out house of worship WORLDNETDAILY - May 16, 2008 A federal court has taken the unusual step of criticizing San Diego for its "outright hostility" toward a Rancho Bernardo church and its failure to consider "relevant federal law." The dispute arose when Grace Church of North County approached officials with a plan to lease space in the same complex where a pair of religious institutions earlier operated. It was too much for city officials. First, the Rancho Bernardo community planning board tried to deny Grace Church a 10-year permit for the property. A San Diego city officer, however, approved a 7-year permit, compelling the board to appeal. Though community planners knew Grace Church needed 10 years to complete a long-term relocation plan, they whittled the permit down to five years, and made it non-renewable. "These things have a tendency to become quasi-permanent," warned a former planning board chair, "that's why we're kind of opposed." City officials and neighboring businessmen argued that a church would "change the complexion" of the area, that it would "send the wrong message to the business community" and that potential building occupants may not want "to be next to a church." The U.S. District Court of Southern California, however, sided with the church, and took exception to the planning board's behavior. The court cited the 2000 Religious Land Use and Institutionalized Persons Act, which essentially requires governments to allow churches to operate within reason, to overrule the city's denial of the 10-year permit. Furthermore, the court stated that Grace Church had faced "decision-making that is seemingly arbitrary and pretextual." The church also had been subjected to "ignorance regarding the requirements of controlling federal law" and even "outright hostility." In southern California's high-priced land market, such disputes are not uncommon. In 2003, an Oceanside city planner suggested a ban on churches in industrial zones. In 2002, El Cajon refused Foothills Christian Fellowship a place in the Towne Center mall until a lawsuit convinced the city to relent. The Alliance Defense Fund, a coalition of Christian attorneys who work to preserve religious liberty, represented Grace Church in the dispute. - - - - http://www.worldnetdaily.com/?pageId=64496 FAIR USE NOTICE: This blog contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of religious, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.