Situation Overview
In the spring of 2002, a vintage home in the Los Angeles neighborhood
of Hancock Park was demolished to make room for a Temple. The genesis
of The League of Residential Neighborhood Advocates can be found
in the dust of that demolition.
In the mid-90's, it became evident that a local home was being
used as a synagogue in violation of LA zoning laws. The Department
of Building and Safety issued a cease-and-desist order. The home's
owner then filed for a Conditional Use Permit (CUP), asking the
City to allow the residence to be exempted from the restrictions
attendant to R-1 zoning.
By City ordinance, the application for a CUP was subject to public
notice and open hearings. Neighbors opposed to the conversion of
the single family home argued that just three blocks west of the
subject property there was an appropriately zoned district that
already accommodated no less than a dozen synagogues. The Zoning
Administrator denied the application. Appeals to the City Council
and State Court were, likewise, denied.
On September 22, 2000, President Bill Clinton signed the Religious
Land Use and Institutionalized Persons Act (RLUIPA). The new law
granted religious organizations the right to choose the location
and size of their religious buildings substantially free of the
need to comply with local zoning laws. The homeowner then filed
an amended complaint with the Federal Court, seeking to nullify
the decisions that had been repeatedly determined in the CUP process
and through State Court action. A trial date was set for July 2001.
Prior to trial, a settlement was reached between the City and the
property owner. The settlement was negotiated behind closed doors.
There was no public input allowed nor public disclosure offered.
The agreement stipulated that the residential character and architecture
of the house would be restored and, in return, there could be limited
worship services conducted at the property.
In the spring of 2002, the home was demolished. Where there was
once a 3000 square foot, 70-year-old home, a new 8100 square foot,
institutional-style edifice began to rise. During the period of
construction, the congregation began using another nearby residential
home for regular services as well as special celebrations that attract
up to 400 people.
It has become startlingly clear to concerned homeowners in Hancock
Park that the assertion of special privilege by religious landowners
will have far reaching effect not only on their neighborhood, but
on residential areas throughout America. In states across the nation,
a wide variety of religious groups are seeking to exploit the special
privileges granted to them by RLUIPA to build sanctuaries, homeless
shelters, banquet halls and parking lots.
Residents of Hancock Park have formed the League of Residential
Neighborhood Advocates (LRNA) not only to challenge the actions
that have transformed one residence in their neighborhood, but to
assist other communities in their efforts to protect the unique
characteristics that have historically defined residential neighborhoods.
As one of their first acts, LRNA has filed a lawuit against the
City of Los Angeles and the local homeowner. The lawsuit seeks to
halt the use of specific residential property as places of worship
and for other non-conforming activities. This litigation is expected
to result in a direct Supreme Court challenge to the constitutionality
of RLUIPA.
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