Elsinore Christian Center v. City of Lake Elsinore

Becket Role:
Counsel

Scoreboard

Decision:
Won
Decision Date:
August 1, 2007
Deciding Court:
U.S. Court of Appeals for the Ninth Circuit

Case Summary

For twelve years, a church in downtown Lake Elsinore, California, congregated and ran a soup kitchen as a ministry to those in need. In 2000, the church agreed to buy property from a school that had formerly been used as a canned food store and recycling center. When the church applied for a Conditional Use Permit, the city denied the request.

The Becket Fund stepped in and successfully represented the church to defend its right to use its own property. We argued that the city violated the First and Fourteenth Amendments to the United States Constitution and the Religious Land Use and Institutionalized Persons Act, and won a victory at the Ninth Circuit.

The ruling from the 9th Circuit Court of Appeals reversed the only judge in the nation to have ruled unconstitutional the Religious Land Use and Institutionalized Persons Act of 2000.

“It erases any doubt as to the constitutionality of RLUIPA, at least for the land use portion,” said Becket Fund lawyer Roger Severino.

Case Information

Becket Role:
Counsel
Case Start Date:
May 30, 2001
Deciding Court:
U.S. Court of Appeals for the Ninth Circuit
Original Court:
U.S. District Court for the Central District of California
Practice Area(s):