Centro Familiar Cristiano Buenas Nuevas v. City of Yuma
2011 U.S. App. LEXIS 14247
| 9th Cir. | 2011Background
- CFBN is a 250-member church that sued after Yuma denied a CUP for church services in an old J.C. Penney building bought in 2007.
- Yuma’s Old Town District code requires CUP for religious uses but not for many other as-of-right uses; it also permits several nonreligious uses that may affect the block’s character.
- The CUP denial was driven in part by concerns that a church would impede liquor licenses within 300 feet, a constraint backed by state statute.
- The staff recommended denial despite potential benefits of rehabilitating a vacant building; the ordinance excludes religious organizations from as-of-right status while permitting other membership organizations.
- After foreclosure, the church sought relief under RLUIPA; Arizona subsequently enacted a state RLUIPA and amended the liquor-waiver regime, affecting the case posture.
- The district court granted judgment for the city; on appeal, the court addresses mootness and the equal-terms challenge under RLUIPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the equal terms provision of RLUIPA is violated. | CFBN shows facial unequal treatment of churches. | City argues distinctions serve regulatory goals and are not religiously biased. | Yes, equal terms violated. |
| Whether the damages remedy under RLUIPA is available against a municipality. | Damages may be recoverable under Franklin; municipal liability possible. | Sossamon limits damages claims against states; municipal liability remains contested. | Damages may be awarded against municipalities. |
| Whether declaratory/injunctive claims are moot. | Relief could still affect ongoing or future conduct. | No ongoing impact after foreclosure; waiver statute not retroactive. | Declaratory/injunctive claims moot; damages claim not moot. |
Key Cases Cited
- Franklin v. Gwinnett County Public Sch., 503 U.S. 60 (1992) (damages against municipalities allowed absent clear bar)
- Guru Nanak Sikh Soc'y v. Cnty. of Sutter, 456 F.3d 978 (9th Cir. 2006) (equal terms analysis under RLUIPA; substantial burden distinction discussed)
- River of Life Kingdom Ministries v. Village of Hazel Crest, 611 F.3d 367 (7th Cir. 2010) (en banc; discusses regulatory criteria for equal terms analysis)
- Lighthouse Institute for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253 (3d Cir. 2007) (approach to equal terms: similarly situated secular comparator)