United States Ninth Circuit
International Church of the Foursquare Gospel v. City of San Leandro, 09-15163
In an action by a church stemming from a city's denial of a rezoning application and conditional use permit to build new church facilities on certain industrial land in the city, alleging violations of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. section 2000cc (RLUIPA) and the First and Fourteenth Amendments under 42 U.S.C. section 1983, summary judgment in favor of the city is reversed where: 1) there is a triable issue of material fact regarding whether the city imposed a substantial burden on the church's religious exercise under RLUIPA; and 2) the city failed as a matter of law to prove a compelling interest for its actions.
Appellate Information
- Decided 02/15/2011
- Published 02/15/2011
Judges
- DUFFY
Court
- United States Ninth Circuit