Guatay Christian Fellowship v. County of San Diego

The Guatay Christian Fellowship (“Church”) appeals the adverse grant of summary judgment on the Church’s claim that San Diego County (“County”) enforced a land use regulation in violation of the Church’s constitutional and statutory rights under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000ec (“RLUIPA”). The district court determined the Church’s constitutional and statutory claims were not ripe for review because the Church failed to apply for the required land use permit both during the twenty-two years it inhabited the property prior to enforcement efforts and after the district court ordered it to do so as a condition of proceeding with its suit. The district court also rejected the Church’s claim that equitable estoppel should apply to bar the County’s enforcement efforts. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

1. BACKGROUND

The history of the property and of the dispute between the Church and the County is lengthy, but necessary to our analysis. We summarize the most salient points here.

A. Facts

1. The Church

The Church was founded by Pastor Stan Peterson and his wife Brenda in…