Denying church the right to build on farm land violates federal law

Feb 3, 2003

A decision by Clackamas County (Oregon) Land Use Hearings Officer Larry Epstein violates several provisions of the federal Religious Land Use and Institutionalized Persons Act of 2000 ("RLUPA"), The Becket Fund has informed county commissioners. On January 22, Epstein ruled that Molalla Christian Church cannot build a church building on a 10.29 acre property it owns on South Highway 213 because the county Zoning and Development Ordinance ("ZDO") prohibits churches in an Exclusive Farm Use ("EFU") zone within three miles of an Urban Growth Boundary ("UGB"). The church has appealed the decision to the County Commission.

In a letter dated January 31, 2003 (PDF format, 59K), and delivered to the commissioners today, Becket Fund legal counsel Derek Gaubatz noted that Epstein "correctly concluded that the complete refusal to allow the Church to relocate its ministry onto its land in the EFU district imposes a substantial burden on the church's religious exercise." However, he continued, Epstein erred in concluding that "preserving certain kinds of soils on land zoned for farm use" is a "compelling government interest." The Supreme Court defines such interests as being "of the highest order," such as those involving a grave and immediate danger to public health, peace and welfare. Protecting soil types simply doesn't qualify.

RLUIPA also requires that zoning laws not treat a religious assembly "on less than equal terms with a non-religious assembly." But the ZDO in Clackamas County allows non-religious assemblies (community centers, wedding facilities, golf courses, wineries, farm stands) in an EFU zone even as it prohibits churches on the same land, a clear violation of RLUIPA's "equal terms" provision.

The letter concludes by recognizing that, "because RLUIPA is a new statute, the County may not be fully aware of its application or requirements in this situation. This is why we write. If you would find it helpful, we would be happy to provide more detailed information."

The Becket Fund has represented dozens of churches and other religious institutions in RLUIPA lawsuits throughout the United States. The full text of the Clackamas County letter, and a variety of other information about the law, can be found on The Becket Fund's special website devoted exclusively to the statute: www.rluipa.com .

Relevant Cases

• Molalla Christian Church