Store Owner Fails To Show City Plan To Resell His Property To Nearby Church

In Wardany v. City of San Jacinto, 2011 U.S. Dist. LEXIS 57148 (CD CA, May 27, 2011), a California federal district court rejected claims by a convenience store owner that the city's construction of a median on the road in front of his store that left him "land locked" was motivated by a desire to purchase his property and resell it to a nearby church. Among the claims dismissed by the court was an Establishment Clause challenge. The court concluded that plaintiff had not alleged any facts from which the court could infer that the city had plans to purchase and resell the property.