California: Victory in Church Zoning Case

Canada Free Press:

VENTURA, CA—The Ventura County Superior Court today dismissed a significant portion of the lawsuit brought by the Dos Vientos Community Preservation Association (Association) and Donald Armstrong, in an attempt to force the city of Thousand Oaks to discriminate against a California church and a non-profit organization.

In Dos Vientos Community Preservation Association v. City of Thousand Oaks, Liberty Counsel represents a nonprofit foundation (Foundation) which purchased a former YMCA building and entered into an agreement to rent it to Godspeak Calvary Chapel Church. The alleged “Association” consisting of a few individuals stated that the church’s use has not been cleared under the California Environmental Quality Act (CEQA). The plaintiffs argued that the church should not be considered a religious organization entitled to protection under the Religious Land Use and Institutionalized Persons Act (RLUIPA), which requires that religious organizations receive equal treatment as do other organizations in government zoning decisions.

The city and Liberty Counsel argued, and the court now agrees, that CEQA does not apply, and that the plaintiffs missed the deadline to file a claim. The CEQA claim represents about 90 percent of the claim filed by the plaintiffs. The court dismissed it with prejudice, meaning it cannot be refiled. Liberty Counsel will return to court on June 20 for the dismissal hearing on the remaining 10 percent of the claim.

The city supports the church’s right to be in the building for religious use and worship. But a few neighbors formed an “Association” and filed suit objecting to a church renting the same facility. Such biased discrimination is often referred to as “Not in my back yard” (NIMBY). The pastor of Godspeak Calvary Chapel Church is also the mayor of Thousand Oaks. He provided much support and prayer following the tragic shooting last year at a place of entertainment.  more here