9th Circuit Court of Appeals Finds City’s Preservation of Industrial Zoned Land for Industrial Uses May Impose a Substantial Burden on Religious Exercise for Church Desiring to Locate There

In 2006, the International Church of the Foursquare Gospel found and signed a purchase and sale agreement for a two-parcel property in San Leandro. The property was located in an Industrial Park zoning district and within the “West San Leandro Focus Area.” The area was set aside in the City’s General Plan to preserve an environment for industrial and technological activity. The property was adjacent to several manufacturing plants and was surrounded by other industrial and light-industrial uses. The Zoning Code did not allow “assembly uses” (churches and other organizational use) to locate in the IP district or other industrial or commercial districts, but did allow them to locate in residential districts, provided a conditional use permit (CUP) was obtained.

For full article, click [HERE]| Law of the Land


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