Guru Nanak Sikh Society of Yuba City v. County of Sutter

Good Law
326 F. Supp. 2d 1128·2003 WL 23676117·2003 U.S. Dist. LEXIS 25716
United States District Court, Eastern District of CaliforniaOctober 17, 2003CV.S-02-1785 LKK/GGHCalifornia5,236 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiff, a religious organization, brings this civil rights action challenging county officials’ denial of its application for a permit to build a temple on its land. This matter comes before the court on defendants’ motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). I decide the matter on the basis of the papers and pleadings filed herein, and after oral argument.

I.

THE COMPLAINT

Plaintiff Guru Nanak Sikh Society of Yuba City (GNSSYC) is a non-profit organization dedicated to fostering the teachings and practices of the Sikh religion. This action concerns a parcel of property that plaintiff owns in Yuba City, and on which plaintiff has sought to build a Sikh temple, or gurudwara. Plaintiff brings suit against the County of Sutter and its Board of Supervisors, as well as Casey Kroon, Dennis Nelson, Larry Munger and Dan Silva, each sued in their official capacities as members of the Sutter County Board of Supervisors. The suit alleges various constitutional and statutory violations in connection with the County’s denial of plaintiffs application for a conditional use permit for building the temple.

A. THE GROVE ROAD PROPERTY

On April 4, 2001,…

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