New Harvest Christian Fellowsh v. City of Salinas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NEW HARVEST CHRISTIAN No. 20-16159

FELLOWSHIP,

Plaintiff-Appellant, D.C. No. 5:19-cv-00334- v. SVK

CITY OF SALINAS,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Northern District of California Susan G. Van Keulen, Magistrate Judge, Presiding

Argued and Submitted May 12, 2021 San Francisco, California

Filed March 22, 2022

Before: Jacqueline H. Nguyen and Daniel P. Collins, Circuit Judges, and Jed S. Rakoff, * District Judge.

Opinion by Judge Rakoff; Partial Concurrence by Judge Collins

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. SUMMARY **

Civil Rights

The panel affirmed in part and reversed in part the district court’s summary judgment in favor of the City of Salinas in an action brought under the Religious Land Use and Institutionalized Persons Act by New Harvest Christian Fellowship, an evangelical church, alleging violations of the Act’s substantial burden and…