California-Nevada Annual Conference of United Methodist Church v. City & County of San Francisco

The City and County of San Francisco (the city) appeals from a writ of mandate ordering it to set aside a resolution of its board of supervisors (the board) initiating the process of designating The First St. John’s United Methodist Church as a landmark pursuant to article 10 of the city’s planning code, entitled “Preservation of Historical Architectural and Aesthetic Landmarks.” The superior court concluded that the board exceeded its jurisdiction in adopting the resolution because state law exempts church property from local landmarking regulation. The city contends that the particular property, which the church no longer uses as a place of worship and has agreed to sell for demolition and the construction of condominiums, is not “noncommercial property” to which alone the exemption applies. The city also raises procedural objections, primarily that the challenge to the resolution is premature because no final decision has yet been made to declare the property to be a landmark. We find no merit in these contentions and shall affirm the well-reasoned decision of the superior court.

Background

The First St. John’s United Methodist Church

The property known as The First…