Elsinore Christian Center v. City of Lake Elsinore

Good Law
270 F. Supp. 2d 1163·2003 WL 21543995·2003 U.S. Dist. LEXIS 11301
United States District Court, Central District of CaliforniaJune 24, 2003CV 01-04842 SVW(RCX)California10,253 words

Opinion

Opinion

Wilson, J.

ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs Elsinore Christian Center and Church member Gary Holmes (collectively “Church” or “Plaintiffs”) brought this action against Defendants the City of Lake Elsinore and five individual members of the City Council (collectively “City” or “Defendants”) after the Lake Elsinore Planning Commission denied the Church’s application for a conditional use permit (“CUP”) to operate a church on 217 N. Main Street, Lake Elsinore, California (the “Subject Property,” “Property,” or “Site”).

Now before the Court are the parties’ cross-motions for summary judgment. For the reasons set forth below, Plaintiffs’ Motion for Partial Summary Judgment is DENIED, and Defendants’ Motion for Summary Judgment is GRANTED IN PART as to Plaintiffs’ Second Cause of Action. The Court will issue a separate Order addressing the remaining portions of Defendants’ Motion for Summary Judgment and Plaintiffs’ Motion under Rule 56(f).

II. FACTUAL / PROCEDURAL BACKGROUND

A. Factual Summary

The Church is currently located in the downtown area of Lake Elsinore and believes…

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