Saturday, May 11, 2013

Court Dismisses Land Use Complaint By Ranch Owner Seeking To Build Chapel

In Anselmo v. County of Shasta, California, (ED CA, May 9, 2013), a California federal district court dismissed on ripeness grounds a RLUIPA claim by the Catholic owner of a ranch and winery challenging the County of Shasta's assertion that he was violating zoning rules by building a private chapel on his land. The court said:
Plaintiffs never completed the application process for either a rezoning permit or a building permit, and the Notice of Non-Compliance and Warning Notices only indicate that the property is currently violating land use regulations.
The court also rejected plaintiffs' free exercise and due process claims. (See prior related posting.) KHSL TV reports on the decision.