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Judge grants injunction against Cypress, California in land grab case
In a strongly worded 36 page decision, U.S. District Judge David O. Carter enjoined the City of Cypress, California from seizing land owned by Cottonwood Christian Center. The Cypress Redevelopment Authority had invoked power of eminent domain in May, planning to take property Cottonwood bought three years ago and give it to Costco.
The Becket Fund for Religious Liberty, which represents Cottonwood, had argued in its briefs and in oral argument on August 5 that the court should apply "strict scrutiny" to the city's move to seize the church's property. Judge Carter agreed, holding that "there is strong evidence that [the city's] actions are not neutral, but instead specifically aimed at discriminating against Cottonwood's religious uses." He observed that "for nearly a decade, the Cottonwood property sat vacant. . . Once Cottonwood purchased the land, however, the City became a bundle of activity."
Judge Carter also held that "Preventing a church from building a worship site fundamentally inhibits its ability to practice its religion. Churches are central to the religious exercise of most religions. If Cottonwood could not build a church, it could not exist." He went on to hold that neither of the interests the city cites as reasons for refusing to grant the church a conditional use permit (CUP)—blight and generating revenue for the City—are "sufficiently compelling to justify burdening Cottonwood's religious exercise."
Even if the city had compelling reasons to burden Cottonwood's religious exercise, the Judge wrote, "they must do so in the least restrictive means. Far from doing that, the City has done the equivalent of using a sledgehammer to kill an ant." Judge Carter also ruled that Cottonwood has "demonstrated a likelihood of success on its takings claim, arguing that Defendants' condemnation of the Cottonwood Property to turn over to Costco is not a 'public use.'"
Becket Fund President Kevin J. Hasson, who argued the case on behalf of Cottonwood, said after today's decision, "The reason there are so few cases like this is that most cities know better than to seize a house of worship's property. Cypress made a big mistake, and we hope that cities across the country learn from their mistake."
Cottonwood Pastor Bayless Conley said, "This is wonderful news for Cottonwood. We are one step closer to being a blessing to the community, which is what we've wanted all along." Additional information on the case can be found on The Becket Fund's web site, www.becketfund.org.