The San Francisco Chronicle reports that the Foursquare Gospel Church is eligible to sue the city of San Leandro over land use/planning decisions made on an industrially-zoned parcel that the facility purchased in 2006.
The church purchased the property in hopes to construct a larger facility. Subsequent to the close of escrow, the city’s Planning Commission approved land use changes that would allow for development of religious facilities on 196 industrially-zoned parcels in the area, except for the one that Foursquare bought. Reasons for the exclusion, cited by the commission, include the property’s location from a main street, a proximity to hazardous materials, and a loss of tax revenue for the city.
The Ninth U.S. Circuit Court of Appeals ruled that Foresquare can proceed with a lawsuite that could cost the city millions of dollars due to losses incurred by the church for owning a property that it cannot use because of the Planning Commission’s land use decisions.