Lisa Weiss

North County Times

LOS ANGELES -- In a case testing a new law designed to protect churches from zoning decisions that would restrict their practice of religion, a federal judge on Monday denied the request by attorneys for a Lake Elsinore church to reverse the city's decision that denied them permission to move into a downtown building.

"This case would be less troublesome except for the new law. That act and its ambiguities cause concern," U.S. District Court Judge Stephen J. Wilson said during Monday's hearing.

The law, the Religious Land Use and Institutionalized Persons Act of 2000, signed into law by President Clinton in September, states that no government can enact a land-use regulation that imposes a "substantial burden" on people practicing their religion.

The purpose of Monday's hearing was to determine if the city's decision caused the Lake Elsinore Christian Center irreparable harm.

"The irreparable harm seems to be that there is this July 11 drop-dead date that escrow must close on the building the church wants to use, and there won't be any more extensions," Wilson said. But he added that he needed to see more detailed arguments clarifying how the city's decision imposes a burden on the church before he made a final decision.

Now that the injunction has been denied, church officials can hope that no one else makes an offer on the property until the case is settled, said Robert Tyler, an attorney for the church. The next hearing is scheduled for August 13.

Wilson instructed the attorneys for the church, Robert Tyler and Brad Dacus, and the attorneys for the city, David Mann and John McClendon to file detailed briefs explaining why the city's decision imposes a substantial burden on the church or why it doesn't.

"We have to get some understanding of what substantial burden means," Wilson said. "You have your work cut out for you because these are difficult questions."

In March, the City Council denied an appeal by Elsinore Christian Center to move into a building on Main Street that is currently home to Food Smarts Discount Grocery. The Planning Commission had previously denied the church's request, and the issue was appealed to the council. Church officials hoped to move the church from its location in two aging buildings on Graham Street because of a growing congregation and the lack of street parking when the city holds its Open Air Market one Sunday a month.

The Main Street property where the grocery store is housed is zoned commercial and churches are permitted there if they meet certain conditions. Planning Commissioner John Barnes at the time said he voted against the permit because he didn't want the city to lose commercial development and the tax revenue it generates.

John McClendon, an attorney for the city, argued that under California redevelopment law, the projects that are approved for that area must be approved by the city's redevelopment agency and must improve the area's economic base.

"(Losing a commercial business at this location) will devastate a blighted neighborhood," he said.

Tyler countered with another section of the state Health and Safety Code that another part that states that redevelopment is not only to improve the economic quality of life in a target area but also to improve the physical and spiritual situation of residents.

Attorney David Mann, said Monday he has argued cases involving zoning before but this is the first one involving federal law.

"(The Religious Land Use and Institutionalized Persons Act) is so new. We have done a lot with land use but it is unusual to see what we call the federalization of land use," he said.

Contact staff writer Lisa Weiss at (909) 676-4315, Ext. 2624 or lweiss@nctimes.com.

7/3/01