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City Seeks To Oust Church Through Eminent Domain
CNSNews.com ^ | April 11, 2002 | Jason Pierce

Posted on 05/30/2002 2:36:26 PM PDT by staytrue

Officials with the Cottonwood Christian Center in Los Alamitos, Calif. are promising a court battle after the city council in nearby Cypress decided not only to squash the center's plans for a religious campus, but took a major step to seize the center's 18-acre tract of land through eminent domain for the construction of a shopping center.

"I have never seen in my years of working with local government, a city do this, what they are doing, that is processing development on a property they don't own, but also going toward this path of condemning and taking property from a church," Cottonwood spokesperson Mary Urashima said.

Jon Curtis, the lawyer for the non-denominational church, said Wednesday a legal fight would ensue in both state and federal courts.

"It's accurate to say this is another step toward condemnation," Curtis said, referring to the process in which a local government must first get a judge to condemn the land or property in question before that land can be obtained through eminent domain.

In January, Cottonwood filed a federal lawsuit against the city, claiming it was discriminating against the church and was in violation of the Religious Land Use and Institutionalized Persons Act. The lawsuit alleges violations of the church's First Amendment rights, which guarantee that government will not abridge freedom of religion, California redevelopment laws, and the equal protection clause in the California Environmental Quality Act.

The city's decision could end a four-year effort by Cottonwood to build a new church campus, which would include a new church building, along with other structures to house classes, activities, and other community services.

In 1998, Cottonwood began assembling the 18 acres by purchasing six separate tracts of land from four different owners. In all, through tithing and donations by Cottonwood's 4,000 attendees, the church spent $13 million on the land.

While Cottonwood was gathering plans for the project and keeping the city updated, the city had its own project in the works.

"For two years, the city looked at the planning process and the conceptual plans for what the church was proposing, and said they see what they are doing, but never told them they are talking to a developer of the shopping center until they got the letters of participation," said Urashima.

The city's plans for a new shopping center include a Costco store and undoubtedly would bring in more tax money than the Cottonwood Christian Center.

"With this action they've taken, declaring we are unfit for our property, it is very clear that's their message: the issue's about tax dollars," said Cottonwood pastor Rev. Mike Wilson.

According to Wilson, Cottonwood told the city it would be willing to surrender its prime corner property and build on an adjacent property. However, on Monday, the Cypress City Council declared Cottonwood's plan "unresponsive," Costco's plan "responsive," and agreed to accept the shopping center project, Wilson said.

Wilson also alleges that the city made "a bogus offer" to the church, inviting it to participate in a retail project on the disputed property.

"We said we would participate, we will build a church. They deemed that response unresponsive," Wilson said. "What they did on Monday night is they declared we were unresponsive ... they would no longer need to speak with us, and that Costco is responsive and suitable, and they would pursue that avenue for retail on our property."

When asked if Cottonwood would be compensated for the $13 million it spent to obtain the land in question, Wilson said any offer would likely be a low-ball figure. And Wilson added that because large tracts of land in Orange County are so scarce, the property is actually worth much more than $13 million.

Wilson said there is one major problem with the city's plans. "They are wanting it for their own purposes, but they don't own it," he said. "They have not been forthright and have not dealt fairly with us."

Curtis said the action by the city "strongly brings into question whether or not the city has been acting in good faith, or if their prior discussions with Cottonwood have been for public perception purposes."

Calls made to the city of Cypress were not returned.


TOPICS: Business/Economy; Constitution/Conservatism; Front Page News; Government; US: California
KEYWORDS: cottonwood; eminentdomain; landgrab
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An editorial about this appeared in today's Wall St. Journal which is how I found this article in Yahoo. This is just about the worst abuse of eminent domain I have heard of.
1 posted on 05/30/2002 2:36:27 PM PDT by staytrue
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To: staytrue
It would be interesting to see where the greenies and ACLU-types fall on this story....my guess?---> "silent".
2 posted on 05/30/2002 2:39:37 PM PDT by sayfer bullets
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To: staytrue
Don't focus on the church angle. This is a sickening development for anyone who owns property.
3 posted on 05/30/2002 2:49:50 PM PDT by Quila
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To: staytrue
It really is a horrible abuse and I'm sure the city hasn't heard the last of it. I hope they are forced to eat the dirt they are trying to steal. The greedy city government officials can't see past their potential revenue stream to the constitution.
4 posted on 05/30/2002 2:53:46 PM PDT by anniegetyourgun
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To: staytrue
This is unique,using"eminent domain"as a means to commit a HATE CRIME against religion!
5 posted on 05/30/2002 2:55:19 PM PDT by INSENSITIVE GUY
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To: staytrue
How would Moses handle this?
6 posted on 05/30/2002 2:58:42 PM PDT by thinktwice
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To: staytrue
BOYCOTT COSTCO

Costco is not gonna like nationwide bad publicity. Pickett their stores everywhere.

So9

7 posted on 05/30/2002 3:03:57 PM PDT by Servant of the Nine
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To: anniegetyourgun
This article could have been written about my town. Many people have taken a big loss on their homes because new schools are being built. In the city, a man won when the city tried to seize his establishment. My fiance is currently fighting to maintain his establishment. The city tore down two adjoining buildings that had a common wall with ours so they then condemned this building as being unsafe. They intentionally tried to make it unsafe. Since all the hoopla started, we have uncovered a deal by the city which would make them over $2 million if they got ownership of this property. Small local governments are a bigger nuisance than Washington DC because they directly impact all citizens and are mostly ignored by the voters.
8 posted on 05/30/2002 3:06:30 PM PDT by Jaidyn
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To: staytrue
Already Posted
9 posted on 05/30/2002 3:17:44 PM PDT by South40
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To: Jaidyn
So true. Last year our own county council tried to pass a pre-emptive law to limit the size (sq. footage) of schools and churches in the county. They argued it was in keeping with growth management laws in the state. Of course, they claimed it had nothing to do with limited the free exercise of religious organizations. But that was revealed as a lie since their own ordinance proposed to exempt public schools.

Needless to say, the people arose (Catholics, Muslims, Baptists, Lutherans, Jewish day schools, etc.) and religious leaders joined forces to beat the ordinance back. At one point the County Executive was being quite arrogant and threatening. In the end, the people prevailed and the eco-nazis and God-haters lost. And to seal the deal, a wonderful conservative councilman offered up a new ordinance (with a referendum to the ballot if not passed) reiterating the county's obligation to NEVER restrict the free exercise of religion. The council refused to pass it so it went to a vote of the people of the county, who quickly passed it.

It takes much time and effort to stop the pompous jerks at these lower levels of government. Often, it takes much time from work, family, other civic duties, etc. of conservatives working in coalition. But, the alternative is to be stomped on, walked over, and have no voice. I'll take the former, everytime!

10 posted on 05/30/2002 3:50:42 PM PDT by anniegetyourgun
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To: anniegetyourgun
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.
11 posted on 05/30/2002 4:03:49 PM PDT by George from New England
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To: *landgrab
*Index Bump
12 posted on 05/30/2002 4:24:10 PM PDT by Fish out of Water
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To: George from New England
Good on them! That's corporate responsibility of the highest order.
13 posted on 05/30/2002 4:29:08 PM PDT by anniegetyourgun
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To: South40
I read the article at lunch and could not remember the title. I searched for eminent domain on FR and came up empty. Then I searched yahoo and came up with this article, but I'm glad you posted the WSJ article earlier. CNS published this article on 4/22 so we at FR are lax in not spotting this earlier.
14 posted on 05/30/2002 4:51:44 PM PDT by staytrue
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To: staytrue
I am a resident of the city in question, I am also a Christian. I am a member of Sea Coast Grace which is adjacent to this property. We went through as similar situation 10 years ago with the City of Cypress. We worked with the city we traded our valuable retail corner for an interior odd-shaped piece of the same large continguous land Cottonwood is party to. We remained a fragrance to the City and to the community and have to this day made what I believe is a responsible impact in our community for Chirst. Cottonwood has bullied their way into Cypress, declaring the City and its Councilmembers to be "agents of Satan." That is so untrue. There are several committed Christians on the Council, who feel that as elected officials they must hold up the best interests of the City and its residents. 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. In my opinion they have brought shame to the name of Christ. The City has been very fair with them, offered them a sweetheart deal to trade parcels, but that never seems to hit the press. Let me assure you that this article does not paint a complete picture.
15 posted on 05/30/2002 5:48:39 PM PDT by Moomah
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To: Moomah
Cottonwood bought that property full-well knowing it was not zoned for a church.

Thanks for your balancing comments. I knew there must be more to it than the article above.

16 posted on 05/30/2002 6:02:23 PM PDT by sinkspur
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To: sinkspur ; Moomah
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. In my opinion they have brought shame to the name of Christ. The City has been very fair with them, offered them a sweetheart deal to trade parcels, but that never seems to hit the press. Let me assure you that this article does not paint a complete picture.

Thanks for the balance and further insight.

The City has a General Plan that places zoning requirements on each parcel. Evidently Cottonwood forgot/neglected to petition the Planning Commission for a variance or a zoning change prior to purchasing the subject property. So it seems that their response to the city council was "non responsive" because the construction of a church on the land would not be allowed.

However the land is their property none the less. It would be wise to trade up or sell it at a profit and use the proceeds to achieve their goal elsewhere. The city will not allow the construction of a church there. That is their decision to make, though. They still own the property and no public interest should "take" the property from them.

IMO, Cottonwood and COSTCO should be talking and the city should butt out. But I have a feeling there is a little collusion angle regarding land value if the property is condemned vs. the property being sold to COSTCO on the open market. COSTCO no doubt feels the city will get the property cheaper than they could. Dangling sales tax dollars infront of elected officials so that they will do COSTCO's bidding seems to be at work here. 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. Or so they think, unfortunetly they may be right.

17 posted on 05/30/2002 7:16:13 PM PDT by RGSpincich
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To: RGSpincich
The church members actually went door to door handing out flyers comparing the leaders of the City of Cypress to Nazis ... very hateful language. Somehow I just don't see that behavior as a very good answer to what would Jesus do in this situation.
18 posted on 05/30/2002 7:23:08 PM PDT by Moomah
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To: Moomah
The church members actually went door to door handing out flyers comparing the leaders of the City of Cypress to Nazis ... very hateful language

Been hearing the same type thing right here on the FR by some self-proclaimed Christians. Must be a new trend with the insecure types.

Some have taken on the tactic that if you don't agree with them then you are anti-Christian. They know that this is false but they use that old trick to shout people down. The same way they call people Nazis. Must have attended JJ's seminar on shakedowns.

19 posted on 05/30/2002 7:49:49 PM PDT by RGSpincich
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To: anniegetyourgun
The church claims they were in contact with the city from the time they started to put the property together. Just what land is zoned for churches??? Little that I have heard of. They usually buy land and get a variance for the church. Ocasionally a subdivision will get some land zoned for churches / businesses. Thus most chruches are built on comercialally zoned land.

Large churches depend on visiable plots of land. They want a great location. A church in Denver had a similar problem. It went to court and the church won. Seems this was in 1997 or so. It was a large chruch that bought a shoping center. The city wanted sales tax revenue instead.

20 posted on 05/30/2002 8:32:32 PM PDT by ImphClinton
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