City Seeks To Oust Church Through Eminent Domain

CNSNews.com ^ | April 11, 2002 | Jason Pierce

[revivel]

We must be neighbors. The church I attend went through the same process in a neighboring city. We bought the property knowing it wasn't zoned properly for a church. Then we began the process of getting city approval. Our city wasn't real receptive initially. They put up a lot of hoops for us to jump through, which we did. Their concern was changing the city's general plan by allowing a church in a commerical zone and setting a precedent. So, we opted for a CPU, which basically carves out a section of an already zoned area and just rezones that particular parcel. Our city was gracious with us, although not easy, and I too believe it was because we approached them humbly. BTW, we'll be celebrating our one year opening on June 17th.

[RGSpincich]

Did your church close escrow on the property before getting approval from the city? Or was the sale of the property subject to your church receiving approvals from the city to build a new church? Meaning you would not complete the sale if you were not able to construct a church there. It seems risky to close escrow and then start trying to get approvals. Just wondering if you had some risk takers at the helm. ; )

[staytrue]

I don't care about any issue other than I fail to see how eminent domain seizure so that Costco can use it is right. Eminemt domain is for highways, dams, canals, etc. It is not supposed to be used for Costco. If I want land to open a business, I should have to go out and buy it from an owner of his own free will. I should not be able to make you sell your house to me so that I can open a pizza shop on your property.

[staytrue]

IMO, Cottonwood and COSTCO should be talking and the city should butt out

I agree with you completely on this point. I would like to add that I wonder if the city council is getting campaign contributions, costco stock options or will the council just take the extra tax money and give themselves all pay raises. If they are democrats and especially if they have been educated by McCauliff (global crossing) they are doing something under the table like getting their kids "monica lewinsky" type jobs at costco HQ.

[anniegetyourgun]

While it's not a good idea to use such language lightly, you can be assured that this would not be happening were it a Mosque to be built. And yes, there are Christophobes in government, though they will always deny their emnity with the Christ.

[RGSpincich]

you can be assured that this would not be happening were it a Mosque to be built.

I doubt that. This is about sales tax revenue not some religious bias. Neither a TV ministry or a Mosque generates the revenue a city needs to provide services.

[MattGarrett]

I wrote Costco regarding the matter and they seem to be leaning on the city's inaccurate view of the situation. The City claims that they specifically told Cottonwood Christian that they wouldn't receieve approval to build a church there. THIS IS NOT THE CASE. The letter the city sent to the church about acceptable uses for the land INCLUDED BUILDING A CHURCH. Anyway, here is the response I received from Costco, which I forwarded to Hugh Hewitt (who is leading the charge against the City on the air) and to the Becket Foundation: Dear James, Thank you for taking the time to write to me regarding the proposed development of a Costco warehouse in the City of Cypress, California. Recent publicity concerning this site has led to the false impression that Costco is somehow standing in the way of the Cottonwood Christian Center's plans to build a new church in Cypress. The fact is that the dispute between the City and the Church existed long before Costco ever entered the picture, and the criticism of Costco is unfounded. The City told us that they long ago designated the property in question for retail use. About one year before we showed any interest in this location, the Cottonwood Christian Center was unsuccessful in its attempts to obtain permits for its proposed development there. The City is insistent that, under its long-term land use plan, the site will be developed for retail use. When we first approached the City about this site, we were told that it might be possible to acquire the land from the Church because Cottonwood was in discussions with the adjacent Los Alamitos Race Track about a land swap with the Race Track, enabling the church to develop a portion of the Los Alamitos property. This would satisfy the City's long-term land use goals, and would permit both the Church and Costco developments to proceed. Despite the Church's lawsuit against the City, we are informed that those negotiations with the racetrack owner continue, and a land exchange is still possible. The City has been clear that whether or not Costco has any interest in the Cypress/Los Alamitos area, it will not approve the Church's proposal for the corner of Katella and Walker. In other words, if we disappear from the picture, it will simply open the door for another retailer to take our place, but will not alter the City's position prohibiting the Christian Center to develop the Katella Avenue and Walker corner. Rest assured that we respect the good work that this Church does in the community, and would support their efforts to build a new facility in an appropriate location. Sincerely, Mark Cawsey Ecommerce Member Service Manager customerservice@costco.com I suggest everyone within earshot write Mr. Cawsey and tell him that this is unacceptable.

[MattGarrett]

I wrote Costco regarding the matter and they seem to be leaning on the city's inaccurate view of the situation. The City claims that they specifically told Cottonwood Christian that they wouldn't receieve approval to build a church there. THIS IS NOT THE CASE. The letter the city sent to the church about acceptable uses for the land INCLUDED BUILDING A CHURCH.

Anyway, here is the response I received from Costco, which I forwarded to Hugh Hewitt (who is leading the charge against the City on the air) and to the Becket Foundation:


Thank you for taking the time to write to me regarding the proposed development of a Costco warehouse in the City of Cypress, California.

Recent publicity concerning this site has led to the false impression that Costco is somehow standing in the way of the Cottonwood Christian Center's plans to build a new church in Cypress. The fact is that the dispute between the City and the Church existed long before Costco ever entered the picture, and the criticism of Costco is unfounded.

The City told us that they long ago designated the property in question for retail use. About one year before we showed any interest in this location, the Cottonwood Christian Center was unsuccessful in its attempts to obtain permits for its proposed development there. The City is insistent that, under its long-term land use plan, the site will be developed for retail use.

When we first approached the City about this site, we were told that it might be possible to acquire the land from the Church because Cottonwood was in discussions with the adjacent Los Alamitos Race Track about a land swap with the Race Track, enabling the church to develop a portion of the Los Alamitos property. This would satisfy the City's long-term land use goals, and would permit both the Church and Costco developments to proceed. Despite the Church's lawsuit against the City, we are informed that those negotiations with the racetrack owner continue, and a land exchange is still possible.

The City has been clear that whether or not Costco has any interest in the Cypress/Los Alamitos area, it will not approve the Church's proposal for the corner of Katella and Walker. In other words, if we disappear from the picture, it will simply open the door for another retailer to take our place, but will not alter the City's position prohibiting the Christian Center to develop the Katella Avenue and Walker corner.

Rest assured that we respect the good work that this Church does in the community, and would support their efforts to build a new facility in an appropriate location.

Sincerely,

Mark Cawsey
Ecommerce Member Service Manager
customerservice@costco.com"


I suggest everyone within earshot write Mr. Cawsey and tell him that this is unacceptable.

[Moomah]

Tell him the WHAT is unacceptable?!

[anniegetyourgun]

It's politically incorrect to go after a mosque, temple, or synagogue. They wouldn't have touched those with a ten foot pole.

[thinktwice]

Wouldn't be a bit surprised to learn that COSTCO refuses to deal with anybody but public agencies in land acquisitions during their growth spurt. If this city won't do it, the next one will.

I remember a "sweetheart" deal that the (near to Cypress) city of Fountain Valley consumated with a German firm (I think it was BASF) some years ago.

The deal went down in one city council meeting -- The city of Fountain Valley bought land adjacent to the 405 freeway and paid the farmer about $5 million, and immediately sold it to BASF for about $2 million.

BASF built the promised "High-Tech" business employing a good number of people; but a few years later, BASF sold the property to a business offering almost no jobs. BASF took the jobs and profits with them.

[MattGarrett]

Cottonwood bought that property full-well knowing it was not zoned for a church.

Actually, that's not true at all. According to the letter sent by the City of Cypress to Cottonwood Church, although the city preferred a retail space, they included a list of "acceptable uses for the property."

ON THIS LIST WAS THE BUILDING OF A CHURCH.

I suggest you do your research on this. That is in the documentation.

[Poohbah]

Cottonwood did do their due diligence on whether the site was suitable for a church--the city of Cypress changed the rules after the property was bought.

I would be interested in knowing who sold the land to Cottonwood, and whether that person was buddy-buddy with the city.

[RGSpincich]

I understand several parcels were accumulated to create the large parcel. I also understand that the zoning on those parcels differ. Whereas, a portion of the property is suitable for building a church , the parcel at Katella and Walker is not zoned for that use. Is this correct?

[sinkspur]

I suggest you do your research on this. That is in the documentation.

I'm sorry, but I was taking the word of another FReeper who lives in Cottonwood and seemed to have a working knowledge of the situation.

I don't have a dog in this fight.

[VOA]

Hugh Hewitt has been on this from the get-go. KRLA is the flagship station of his
syndicated radio show. Costco has been announced that they will not come in until
this is settled to the satisfaction of the church.

Good announcement...bears repeating.
For a well-spoken evangelical Presbyterian...I thought Professor Hewitt was going
to have an apoplexy with that Cypress City Council member a couple of days ago!

And for the masses:
The Hugh Hewitt Show is broadcast M-F, 3-7 PM Pac Time over the internet at www.newtalk870.com.
Also broadcast from "the mother station" KRLA 870AM in Los Angeles.

Other stations carrying his show (mostly on The Salem Radio Network?) might be listed
at his website: www.hughhewitt.com.

[sinkspur]

It appears that the Church is playing both sides.

It wants to whine about a parcel of land whose zoning is not clear (what "documentation" are you talking about?), yet it is also negotiating with a race track for a land exchange.

And, why write Costco? Costco is staying out of this until the city and the church settle its differences.

You and Hewitt have the wrong scapegoat in Costco. But, it's not unusual for these talk show hosts to do that.

[VOA]

Cottonwood bought that property full-well knowing it was not zoned for a church.
They have been underhanded, combatant and quite frankly I'm ashamed of the way they
have conducted themselves in our community.

If you haven't yet, you need to call the Hugh Hewitt Show; plays on 870AM KRLA in Los Angeles
from 3-7 PM your (PAC) Time.

Hugh Hewitt (also Professor of Constitutional Law at Chapman Univ. School of Law) and
another lawyer from the Beckett Fund (?) have been making a pretty good case against
the Cypress City Council.
Even Erwin Chemerinski (sp?), the prototypical liberal law professor from USC was
on...and seemed to come down in favor of the church, at least on the known facts.

I think the truly incindiary piece of evidence cited has been a letter from the
city council that says that the church is an accepted use, pending a use permit.
Even if this sort of legalese does give the Cypress City Council an "out",
the Council will still get an black eye for not having jumped into the legal fray while
the Church was putting together the parcels of they wanted to use.

I'm no lawyer, so I hope I've conveyed what I've heard with reasonable fidelity.

If you think you have a true "smoking gun" to support the Cypress City Council,
I encourage you to call Hewitt's show and get it out into the public.

[VOA]

You and Hewitt have the wrong scapegoat in Costco. But, it's not unusual for these talk show hosts to do that.

It's not just Hewitt. He's had Erwin Chemerinski (sp?), arch-liberal law professor from USC
on his show; Chemerinski seemed to be coming down (gasp!) on the side of Cottonwood.

Given the back and forth "we said, they said", this case looks like a fast
track for the US Supreme Court.

[Moomah]

Yes that is correct ... and they knew it before they purchased. Also "acceptable uses" carried with it a caveat that would require a CUP (conditional use permit).