California-Nevada Annual Conference of the Methodist Church v. City of San Francisco

Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss

Now before the Court is the motion of the City and County of San Francisco (“the City”) to dismiss the First Amended Complaint (“FAC”) of Plaintiff California-Nevada Annual Conference of the Methodist Church (“the Conference”), in which the Conference alleges the following three causes of action: (1) violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. §§ 2000cc et seq.; (2) violation of the First Amendment; and (3) regulatory takings under 42 U.S.C. § 1983 . (Dkt. No. 161; see also Dkt. No. 159.) The Conference has filed an opposition in response thereto, and the City has replied. (Dkt. Nos. 164, 165.)

Having carefully considered the papers submitted and the pleadings in this action, the arguments of counsel, and for the reasons set forth below, the Court hereby Grants in Part and Denies in Part the City’s motion. 1

*1148 I. Factual Background

At the center of this case is a Methodist Church formerly located at 1601 Larkin Street in the Russian Hill area of San Francisco (the “church” or. the “property”). The church was constructed after the 1906 earthquake.…