Some Scientology Zoning Challenges Survive Motion To Dismiss

Church of Scientology of Georgia, Inc. v. City of Sandy Springs, 2011 U.S. Dist. LEXIS 116945 (ND GA, Sept. 30, 2011), involves "a zoning dispute over the Church of Scientology's desire to convert a 32,053 square foot office building into a roughly 44,000 square foot Church....  The City of Sandy Springs approved the use of the subject property for a church but limited the size of the building to the existing 32,053 square feet based on a lack of sufficient on-site parking." In a lengthy opinion, the court dismissed plaintiff's RLUIPA  discrimination, equal terms and exclusion claims, as well as its equal protection and due process allegations. However the court held that triable issues of fact remain on plaintiff's First Amendment claims and its RLUIPA claim that the city's action posed a substantial burden on its religious exercise.