Gethsemani Baptist Church v City of San Luis (D. Az.)

On November 22, 2024, the District Court denied the City’s Motion to Dismiss.  The Court found that case was prudentially ripe for adjudication because the City had revoked the Church’s legal non-conforming use status for its Food Ministry and rejected the City’s argument that the Church should have to apply for a conditional use permit because the Church alleged that it already had the right to operate its Food Ministry.  The Court also found that RLUIPA’s individualized assessment provision was met because the Church had adequately plead in its Complaint that the City had made individualized assessments when it considered whether the Church was a legal non-conforming use.  The United States had filed a Statement of Interest in this case on July 29, 2024, explains that the Church’s RLUIPA claims were prudentially ripe for adjudication because the City had made a final decision with respect to the Church’s Food Ministry that inflicted considerable harm on the Church and that the City’s actions towards the Church and its application of its code to the Church satisfy RLUIPA’s individualized assessment requirement.   

Press Release (7/30/2024)