Christian Gospel Church, Inc. v. City and County of San Francisco

The Christian Gospel Church appeals from a grant of summary judgment by the district court in favor of appellees, the City and County of San Francisco, the Greater West Portal Neighborhood Association and Howard Strassner, finding no civil rights violations. Appellant contends that the denial of a zoning permit which would have enabled the Church to hold worship services in a residential neighborhood was a violation of the free exercise clause of the first amendment and of the equal protection clause of the fourteenth amendment. In addition, appellant claims that appellees conspired to violate the civil rights of the Church. We affirm the district court’s grant of summary judgment.

FACTS

In May, 1987, the Christian Gospel Church (hereinafter “Church”) applied for conditional use authorization to establish a church in a single-family residence at 357 Vicente Street, San Francisco, in an area zoned for single-family residences. The Church had previously held its worship services in a rented banquet room at a hotel. The Church proposed to use the dwelling at 357 Vicente Street for Sunday morning worship services as well as Bible study and prayer meetings on Wednesday and Sunday…