Supreme Court of California

Landmark preservation laws may exempt religious organizations without violating the First Amendment's Establishment Clause because of the significant burden placed on the free exercise of religion by groups owning affected properties.

Appellate Information

• Decided 12/21/2000
• Published 12/21/2000

Judges

•  BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Daniel E. Lungren and Bill Lockyer, Attorneys General, Roderick E. Walston and Richard M. Frank, Chief Assistant Attorneys General, Carole R. Kornblum, Assistant Attorney General, Louis Verdugo, Jr., Kelvin C. Gong and Kathleen W. Mikkelson, Deputy Attorneys General, for Defendant and Appellant., Tobin & Tobin, Paul E. Gaspari and Lawrence R. Jannuzzi, San Francisco, for the American Baptist Churches of the West, the Armenian Apostolic Orthodox Church, California Catholic Conference, the California Council of Churches, the California/Nevada Conference of the United Methodist Church, General Conference of the Seventh-Day Adventist Church, Christian Science Committee on Publication for Northern California, Federation of Zoroastrian Associations of North America, Pacific Southwest Region, Christian Church (Disciples of Christ), San Francisco Association of Evangelical Churches, the San Francisco Interfaith Council, Sierra Pacific Synod of the Evangelical Lutheran Church in America, Southern California West Synod of the Evangelical Lutheran Church in America, Synod of Southern California and Hawaii, Presbyterian Church (USA), Synod of the Pacific of the Presbyterian Church (USA), Western Diocese of the American Church of North  America, the Church of the Brethren, Congregation Beth Israel, San Diego, the Episcopal Diocese of California, the Episcopal Diocese of Los Angeles, Pomona FirstBaptist Church, the Roman Catholic Diocese of Monterey, the Rev. Judith Gonsales, Native American Church, St. John SerbianOrthodox Church and the United Church of Christ as Amici Curiae on behalf of Defendant and Appellant., Sidley & Austin, Jeffrey A. Berman, James M. Harris, Los Angeles, Gene C. Schaerr, John E. Fee, Washington, Dist. of Columbia;  Law Offices of Steven Drapkin and Steven Drapkin, Los Angeles, for Pacific Union Conference of Seventh-Day Adventists, Loma Linda University, Loma Linda University Medical Center, Adventist Health, National Council of the Churches of Christ in the U.S.A., National Association of Evangelicals, Christian Legal Society, Seventh-Day Adventist Church State Council, Council on Religious Freedom, California Council of Churches, Interfaith Religious Liberty Foundation, Traditional Values Coalition, Capitol Resource Institute and Baptist Joint Committee on Public Affairs as Amici Curiae on behalf of Defendant and Appellant., Morrison & Foerster, Zane O. Gresham, J. Edgar Pew, Olive L. Thaler and William M. Fleishhacker, San Francisco, for Plaintiffs and Respondents East Bay Asian Local Development Corporation, the Foundation for San Francisco's Architectural Heritage, the Los Angeles Conservancy, California Preservation Foundation, California Planning and Conservation League, California Chapter American Planning Association, National Alliance of Preservation Commissions and National Trust for Historic Preservation of the United States., Louise H. Renne, City Attorney, Dennis Aftergut, Chief Assistant City Attorney, Kate H. Stacy and Ellen Forman, Deputy City Attorneys, for Plaintiff and Respondent City and County of San Francisco., Burke, Weaver & Prell, Susan L. Trevarthen and Nancy E. Stroud, Boca Raton, FL, for American Planning Association as Amicus Curiae on behalf of Plaintiffs and Respondents., Margaret C. Crosby;  Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Ethan P. Schulman and Simon J. Frankel, San Francisco, for American Civil Liberties Union Foundation of Northern California, Inc., as Amicus Curiae on behalf of Plaintiffs and Respondents., Oliver, Vose, Sandifer, Murphy & Lee, Bradley E. Wohlenberg and Arthur J. Hazarabedian, Los Angeles, for 29 California Cities as Amici Curiae on behalf of Plaintiffs and Respondents.