Judge grants injunction against Cypress, California in land grab caseAug 6, 2002
In a strongly worded 36 page decision, U.S. District Judge David O. Carter
enjoined the City of Cypress, California from seizing land owned by Cottonwood
Christian Center. The Cypress Redevelopment Authority had invoked power of eminent
domain in May, planning to take property Cottonwood bought three years ago and
give it to Costco.
The Becket Fund for Religious Liberty, which represents Cottonwood, had argued
in its briefs and in oral argument on August 5 that the court should apply "strict
scrutiny" to the city's move to seize the church's property. Judge Carter
agreed, holding that "there is strong evidence that [the city's] actions
are not neutral, but instead specifically aimed at discriminating against Cottonwood's
religious uses." He observed that "for nearly a decade, the Cottonwood
property sat vacant. . . Once Cottonwood purchased the land, however, the City
became a bundle of activity."
Judge Carter also held that "Preventing a church from building a worship
site fundamentally inhibits its ability to practice its religion. Churches are
central to the religious exercise of most religions. If Cottonwood could not
build a church, it could not exist." He went on to hold that neither of
the interests the city cites as reasons for refusing to grant the church a conditional
use permit (CUP)—blight and generating revenue for the City—are
"sufficiently compelling to justify burdening Cottonwood's religious exercise."
Even if the city had compelling reasons to burden Cottonwood's religious exercise,
the Judge wrote, "they must do so in the least restrictive means. Far from
doing that, the City has done the equivalent of using a sledgehammer to kill
an ant." Judge Carter also ruled that Cottonwood has "demonstrated
a likelihood of success on its takings claim, arguing that Defendants' condemnation
of the Cottonwood Property to turn over to Costco is not a 'public use.'"
Becket Fund President Kevin J. Hasson, who argued the case on behalf of Cottonwood,
said after today's decision, "The reason there are so few cases like this
is that most cities know better than to seize a house of worship's property.
Cypress made a big mistake, and we hope that cities across the country learn
from their mistake."
Cottonwood Pastor Bayless Conley said, "This is wonderful news for Cottonwood.
We are one step closer to being a blessing to the community, which is what we've
wanted all along." Additional information on the case can be found on The
Becket Fund's web site, www.becketfund.org.
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