Centro Familiar Cristiano Buenas Nuevas, et al. v. City of Yuma, No. 09-15422 (9th Cir. 2011)
Annotate this CasePlaintiff, a Christian congregation church, sued the City of Yuma when the city prevented the church from conducting church services in a building it had bought for that purpose. At issue was the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc. The court held that the church's claims for declaratory judgment and injunction were moot where the church no longer owned the building, so the city could not be required to issue a conditional use permit for the building to the church. Nor could the church be entitled to a declaration that a code provision and statute violated federal law because they no longer affected the church. The court also held that, because the city required religious assemblies to obtain a conditional use permit, and did not require similarly situated secular membership assemblies to do the same, it violated RLUIPA's equal terms provision. Therefore, the court did not reach the church's argument that the ordinance violated the Free Exercise Clause. Accordingly, the court reversed and remanded for the district court to adjudicate the church's claims as to damages.
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