Church shops for property where a store stands

Disputes involving the federal religious land-use law have arisen in commercial and retail areas as well as in residential neighborhoods.

One Southern California case involves Elsinore Christian Center, which entered escrow in May 2000 to buy a commercially zoned discount grocery store in Lake Elsinore. The zoning allowed for a church on the property, provided the church apply for and receive a conditional-use permit to renovate the building and for the right to hold religious services there.

But the City Council -- following the recommendation of the city Planning Commission -- denied the church’s request for a conditional-use permit after the local Chamber of Commerce and area residents complained they would be left without a grocery store.

Allowing the church to conduct services there would result in a loss of service to area residents, the city decided. Attorneys for the church contend the city denied the permit fearing a loss of property- and sales-tax revenue for the city.

The church, which claims to have outgrown its present Lake Elsinore location and to need more space and parking for congregants, filed a lawsuit in May 2001 against the city claiming its religious freedom rights under the law had been denied.

“The city wants commercial buildings, not nonprofits,” said Bob Tyler, an attorney with the Alliance Defense Fund in Murietta, Calif., who is representing the church pro bono. “People are not so concerned about the value of faith in God ... but are instead concerned about the almighty dollar.”

The denial of the conditional-use permit had nothing to do with religion, according to Councilman Robert Schiffner. “We just simply did not want to put the store out of business.”

The grocery store, which was a discount food market selling only canned products, has become a full-service store through a subsequent change in ownership.

The store is the only major one in the area, Schiffner said, for poor families and elderly residents who do not drive.

“I didn’t care who wanted to take over,” said 73-year-old Minnie Brown, who walks to the store to buy canned goods, milk and juice. “I just didn’t want anyone to turn the place into anything other than a grocery store.”

The church’s case is expected to be heard within three to six months in the 9th District Court of Appeals.

“If we win this case,” said senior pastor Jim Hilbrant, “we will win it for all churches.”