Cottonwood Christian Center v. Cypress Redevelopment Agency

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

Before the Court are Defendants City of Cypress and Cypress Redevelopment Agency’s motion to dismiss and Plaintiff Cottonwood Christian Center’s motion for a preliminary injunction. After reviewing the moving, opposing, and replying papers, and for the reasons set forth below, the Court DENIES Cypress’s motion to dismiss and GRANTS Cottonwood’s motion for a preliminary injunction.

I.

BACKGROUND

This case is a dispute between the City of Cypress (Cypress or City) and the Cottonwood Christian Center (Cottonwood) over an 18 acre parcel of property located at the corner of Katella Avenue and Walker Avenue in Cypress, California (the Cottonwood Property). In sum, Cottonwood, the owner of the Cottonwood Property, seeks to build a church facility which would include a 4,700 seat auditorium and surrounding buildings for use in its ministries. After failing to get the appropriate land use permits from the City, Cottonwood brought this action. Cypress, on the other hand, wants the Cottonwood Property to be used as commercial retail space, with the plan to place a major discount…