County of Los Angeles v. SAHAG-MESROB ARMENIAN CHRISTIAN SCHOOL

I. INTRODUCTION

Defendant, Sahag-Mesrob Armenian Christian School, has appealed from issuance of a May 29, 2009 preliminary injunction. The preliminary injunction was issued at the request of plaintiff, County of Los Angeles. Defendant argues the denial of its “clean hands waiver” application violates the land use provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (the act). (42 U.S.C. § 2000cc.) The act is commonly referred to by the ungainly acronym, RLUIPA. We affirm.

II. THE PLEADINGS

Plaintiff’s complaint, filed on December 22, 2008, alleges defendant owns two separate parcels in an area zoned R-l (single-family residence zone); on May 28, 2008, defendant filed an application for a conditional use permit to operate “an 800-student kindergarten-through-12th grade private school” on the property; on September 12, 2008, plaintiff received a complaint that defendant was operating a school on the property which caused traffic and noise problems in the neighborhood; on September 15, 2008, a zoning inspector verified the school was operating on the properties without the required conditional use permit; and on September 16, 2008, a zoning…