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In the half-century since its founding, Cypress has grown from a population of less than 1,000 people to a population of approximately 48,000. If there is not a neutral, generally applicable law, then Smith does not apply. Bartholomew's that the proposed new use was for commercial, not religious reasons. The Second Circuit found that the district court was correct in the central issue of that case-that the church [**46] had "'failed to show by a preponderance of the evidence that it can no longer conduct its charitable activities or carry out its religious mission in its existing facilities.'" Id. Judicial Review must be in place to protect against this type of abuse any time a government agency is making individual assessments that might infringe on a fundamental right. The Clause forbids subtle departures from neutrality, and covert suppression of particular religious beliefs. "Relevant evidence includes, among other things, the historical background of the decision under challenge, the series of events leading to the enactment or official policy [**49] Here, there is significant circumstantial evidence of a discriminatory intent.

Cypress covers 4,257 acres and includes approximately 16,125 residences, 1,200 commercial businesses, a community college, and an assortment of parks, schools, service organizations, and churches. The mere fact that the Court recited one circumstance where Smith does not apply does not lead to the conclusion that it must apply in all other circumstances. n11n11 It is perhaps a misnomer to refer to the "individualized assessments" test as an "exception" to Smith. Bartholomew's, a New York City Episcopal Church wanted to replace its single story midtown "community house" with a 47 story commercial skyscraper. Strict scrutiny is also appropriate because there is strong evidence that Defendants' actions are not neutral, but instead specifically aimed at discriminating against Cottonwood's religious uses. Official action that targets religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality. For nearly a decade, the Cottonwood Property sat vacant.

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Before the Court are Defendants City of Cypress and Cypress Redevelopment Agency's motion to dismiss and Plaintiff Cottonwood Christian Center's motion for a preliminary injunction. Here, Cottonwood is seeking to build a church, not a skyscraper. If Cottonwood could not build a church, it could not exist. In contrast, Cottonwood here has demonstrated that meeting in one location at one time, as well as providing numerous ministries, are central to its faith. Cottonwood, on the other hand, would suffer immense hardship if the City were allowed to condemn the land and turn it over to a private retailer.

After reviewing the moving, opposing, and replying [**2] This case is a dispute between the City of Cypress (Cypress or City) and the Cottonwood Christian Center (Cottonwood) over an 18 acre parcel of property located at the corner of Katella Avenue and Walker Avenue in Cypress, California (the Cottonwood Property). Its proposed use is unquestionably religious, not commercial. Defendants' position at oral argument bears out this principle. n12 Thus, beyond the fundamental need to have a church, Cottonwood has shown a religious need to have a large and multi-faceted church.n12 It is worth repeating at this point that "it is not within the judicial ken to question the centrality of particular beliefs or practices to a faith, or the validity of particular litigants' interpretations of those creeds." Hernandez v. Construction of a Costco could be completed within four months-despite this Court's best efforts, a final resolution of these issues is unlikely in that time frame, as trial is not set until March 2003square one.

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In sum, Cottonwood, the owner of the Cottonwood Property, seeks to build a church facility which would include a 4,700 seat auditorium and surrounding buildings for use in its ministries. Thus, as discussed infra, there is substantial burden on Cottonwood's religious exercise, and therefore the strict scrutiny standard is invoked. Defendants conceded that the proscription of peyote use in Smith substantially burdened the Native Americans' religious exercise because not smoking peyote meant that the religious ritual could not be performed. Although the City blithely asserts that Cottonwood can buy some other property "providing that [Cottonwood] is willing to pay the owner's price," it took Cottonwood four years to identify the appropriate location to build a church, and another year of negotiations to acquire the separate parcels.

After failing to get the appropriate land use permits from the City, Cottonwood brought this action. See also Finally, application of the law as Defendants propose it invites deception and discrimination. Assuming it can afford the owner's price, Cottonwood will have to continue to wedge its growing congregation into ill-suited facilities for another five years.




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