San Jose Christian College v. City of Morgan Hill

The clash between land use regulations and religiously-affiliated landowners continues. In this case, the City of Morgan Hill (“the City”) denied a re-zoning application submitted by San Jose Christian College (“College”). Because we conclude that the City’s determination did not violate College’s right to the free exercise of religion, or otherwise run afoul of the Constitution, we AFFIRM the district court’s grant of summary judgment in favor of the City.

1. FACTS/PROCEDURAL HISTORY

The City approved a conditional use permit authorizing the construction of St. Louise Hospital on a site “designated and zoned for low density multi-family residential development.” The City subsequently “ehang[ed] the land use designation on the St. Louise property (‘the Property’) from Multi-family Low Residential to Public Facilities.” 2 The City ultimately re zoned the Property as a Planned Unit Development (“PUD”), thereby “eliminat[ing] the need for the use permit” and allowing use of the Property as a hospital, with fewer restrictions.

The Property is the only location within Morgan Hill actually zoned for hospital use. Under the City’s municipal code, however, “[a]ll uses may be…