International Church of the Foursquare Gospel v. City of San Leandro

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTIONS FOR SUMMARY JUDGMENT

The parties’ cross-motions for summary judgment came on for hearing before this court on October 1, 2008. Plaintiff appeared by its counsel Kevin T. Snider, Matthew B. McReynolds, and Peter MacDonald, and defendant appeared by its counsel Deborah J. Fox and Jayne W. Williams. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS defendant’s motion and DENIES plaintiffs motions.

BACKGROUND

This is a case alleging violations of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc (“RLÜIPA”), and also asserting claims under 42 U.S.C. § 1983 for First and Fourteenth Amendment violations and violations of RLUIPA.

Plaintiff is the International Church of the Foursquare Gospel (“ICFG”). Defendant is the City of San Leandro, California (“the City”). ICFG alleges that the real party in interest is Faith Fellowship Foursquare Church (“the Church”), a congregation affiliated with ICFG, and located in San Leandro.

The Church was originally founded in 1947.…