Expert: Alameda County, CA Facing More Than $30 Million in DamagesMar 29, 2006 On March 28, 2006, The Becket Fund for Religious Liberty, on behalf of its client Redwood Christian Schools, filed an independent expert report of Dr. Phillip Allman in the lawsuit against Alameda County. Redwood Christian brought suit against the County in 2001 after County officials denied Redwood Christian a conditional use permit to build a Christian school on its property in Castro Valley in violation of the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”).
The expert report details that Redwood’s damages as a result of the County’s illegal action will amount to at least $30 million. This figure, the expert report concludes, includes only damages from loss of enrollment, construction delay, and increased financing costs. The County could also face additional damages for deprivation of constitutional rights such as free exercise of religion and freedom of speech.
Allman has a Ph.D. in economics from Michigan State and has testified in over 300 trials. “The County’s decision to stop Redwood from building a permanent home on what the County itself conceded was the only available property in the County for the school was arbitrary, unconscionable, and unconstitutional,” stated Derek L. Gaubatz, Director of Litigation for The Becket Fund. “We are confident that the jury that will consider this case will be shocked by the callous disregard the County Board of Supervisors showed for Redwood’s constitutional rights and will award appropriate damages to make Redwood whole. Quite frankly, the citizens of Alameda County deserve better from their elected officials.”
The case is Redwood Christian Schools et al. v. County of Alameda, et al., 01-4282. Trial is scheduled to begin on June 26, 2006 in the federal district court in San Francisco.
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