The City of Morgan Hill may end up before the U.S. Supreme Court
if a lawsuit the city has won several times, but appealed by San
Jose Christian College, is taken that far. The highest court in the
land is the only remaining place to go.
The City of Morgan Hill may end up before the U.S. Supreme Court if a lawsuit the city has won several times, but appealed by San Jose Christian College, is taken that far. The highest court in the land is the only remaining place to go.
A request by SJCC for a rehearing by a full panel of the Federal Ninth Circuit Court of Appeals in San Francisco was denied on June 7. An earlier appeal was denied by three members of the same court on March 8.
City Attorney Helene Leichter said the college would have 90 days to file its appeal with the Supreme Court.
“We are gravely disappointed that they mean to pursue this litigation even though the case has been denied at every level,” Leichter said.
Roger Edrington, executive vice president of SJCC said taking the case to Washington, D.C., is likely.
“We will continue to do whatever is needed to get a fair result,” said Edrington. “We want justice and fairness in dealing with religious institutions, rather than a local government having the right to do simply what they want, based on their whims.”
The college sued under the Religious Land Use and Institutionalized Persons Act of 2000 – (RLUIPA) in June 2001 after the City Council refused to rezone the now-closed Saint Louise Hospital building on Cochrane Road and Highway 101 from medical to educational use. SJCC wanted to move its campus onto the site.
The issue has grown larger than the 65-year-old college wanting the old hospital building. It has since bought property in Rocklin, east of Sacramento, and intends to open under the name of William Jessup University for the fall semester.
The issue is the freedom of religious institutions to act as they wish under normal circumstances without governmental interference or – from the city’s point of view – a city’s right to zone property in the best interest of its residents. The college claimed the city was in violation of RLUIPA.
“Look at the record of how religious institutions are treated by local entities in this country,” Leichter said. “RLUIPA doesn’t equalize the playing field, it establishes a preference system for religious institutions.”
RLUIPA declares that a governing body cannot impose a burden on a person, group or institution that would keep them from practicing their normal religious activities.
The city based its denial on the its preference to retain the building for its intended purpose and on SJCC’s failure to comply with the CEQA-based re-zoning requirements. CEQA is the California Environmental Quality Act.
Many doctors, labs and an urgent care center left town after the Daughters of Charity closed the Morgan Hill facility in 1999 and moved the hospital to Gilroy, leaving the town virtually without medical care. Council has tried ever since to lure medical services back to town and wants to have the building available for them.
All court costs for the college’s appeals have been paid for by the Pacific Justice Institute, Edrington said.
“They are on a mission as well,” Edrington said. “Cities are trying to push religious institutions out. I don’t know if they are being anti-religious or not but religions are protected in this society.”
The SJCC case would likely be attached to others, as the religious community seeks to validate RLUIPA.
The college would consider asking for damages if it prevails.
“Damages (from the city) would be good,” Edrington said. “We really want to help all those who are pushed around by cities.”
The city has paid almost $200,000 to date fighting the lawsuit, Leichter said. The 2004-05 budget includes $50,000-$75,000 to continue the case if necessary. The law firm of Rutan and Tucker, who regularly argue cases before the U.S. Supreme Court, would continue to represent the city.
Edrington said he was not bitter about the city’s refusal to let the college have the building.
“Good things can come out of bad,” he said. “But I do feel the need for governments to have a sense that this (refusing a religious request) can’t be done.”
Other cities are settling RLUIPA cases quickly, Edrington said, hoping for a better result than he has had so far.
