Covenant Christian Ministries, Inc. v. City of Marietta
654 F.3d 1231
| 11th Cir. | 2011Background
- Covenant Christian Ministries and its pastor allege that Marietta's 2004 zoning ordinance discriminates against religious assemblies under RLUIPA.
- The 2004 Ordinance eliminated a five-acre minimum for religious institutions but prohibited churches in several residential zones, while permitting other assembly uses.
- Covenant purchased eight acres in R-2 residential zoning and later sought a development permit; the City directed rezoning instead due to the 2004 Ordinance.
- The district court severed the 2004 Ordinance to allow all assemblies, religious and nonreligious, as prohibited in R-2, and Covenant sought injunctive relief and damages.
- In 2008 the City enacted a new ordinance classifying all assemblies as special uses, affecting Covenant’s ability to obtain a permit; Covenant sought final judgment and amendments to plead about the 2008 ordinance.
- The district court granted summary judgment for the City on most claims, awarded nominal damages for equal-terms, and denied injunctive relief; Covenant appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether injunctive-relief claims are moot. | Covenant—severance and Georgia vested rights create ongoing rights. | City—2008 ordinance moots injunctive claims by fundamentally altering framework. | Yes, injunctive claims moot due to 2008 ordinance. |
| Whether damages claims survive given mootness of injunctive relief. | Damages flow from inability to build; sustainable if causation shown. | Damages stem from moot injunctive relief; not recoverable. | Damages claims fail on merits. |
| Whether the district court properly denied leave to amend to include 2008 ordinance claims. | Delay justified by pending Rule 54(b) ruling and discovery. | Delay unreasonable; amendment untimely. | No abuse of discretion. |
| Whether Covenant had a vested right to build under Georgia law. | Vested right arises from prior application/estoppel. | No vested right since severed 2004 Ordinance prohibited the use; no reliance. | No vested right; severance maintained prohibition. |
Key Cases Cited
- Crown Media, LLC v. Gwinnett County, Ga., 380 F.3d 1317 (11th Cir. 2004) (mootness when superseding ordinance changes the framework)
- Naturist Soc., Inc. v. Fillyaw, 958 F.2d 1515 (11th Cir. 1992) (superseding statute moots only to the extent it removes challenged features)
- Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward Cnty., 450 F.3d 1295 (11th Cir. 2006) (equal-terms elements and burden-shifting framework)
- Mason v. Home Depot, Inc., 283 Ga. 271, 658 S.E.2d 603 (Ga. 2008) (severability and severance principles in Georgia law)
- WMM Properties, Inc. v. Cobb County, 255 Ga. 436, 339 S.E.2d 252 (Ga. 1986) (vested rights doctrine foundations and estoppel)