The League of Residential Neighborhood Advocates v. City of Los Angeles

I. Background

Congregation Etz Chaim, an Orthodox Jewish congrega- tion, acquired property on Highland Avenue in the Hancock Park neighborhood of Los Angeles. In light of the area’s des- ignation as an “R1” residential zone under Los Angeles Municipal Code § 12.08, the Congregation sought from the City a conditional use permit (“CUP”) to allow for congrega- tional religious worship and services on the property. In Octo- ber 1996, the City’s Zoning Administrator denied the application and the requested variances. This action was later upheld by the Board of Zoning Appeals and the Los Angeles City Council.

Then, in 1997, the Congregation brought a federal action under 42 U.S.C. § 1983, alleging that the City’s denial of its CUP application violated state and federal law. In June 1998, while this federal action was pending, the Congregation peti- tioned for a writ of mandate in Los Angeles Superior Court, seeking to overturn the City’s denial of the CUP. The Supe- rior Court upheld the denial and the California Court of Appeal affirmed.

Shortly thereafter, the Congregation filed an amended com- plaint in the federal action to include an alleged violation of RLUIPA. RLUIPA’s…