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CORP. OF PRESIDING BISHOP v. WEST LINN

LUBA No. 2002-155; CA A122194; SC S51504.

111 P.3d 1123 (2005)

338 Or. 453

CORPORATION OF THE PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Petitioner on Review, v. CITY OF WEST LINN, Respondent on Review, and United States of America, Intervenor on Judicial Review, and Robert Fulton, Susan Fulton, Gregg Crawford, Holly Crawford, Walter Swanson, Kathi Swanson, Dale Krug, Colleen Krug and Steven Wilkes, Intervenor-Respondents at LUBA.

Supreme Court of Oregon, En Banc.

Decided May 5, 2005.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, of Bullivant Houser Bailey, PC, Portland, argued the cause and filed the briefs for petitioner on review. With him on the briefs were James H. Bean, of Lindsay Hart Neil & Weigler, LLP, Portland, and Von G. Keetch and Matthew K. Richards, of Kirton & McConkie, Salt Lake City.

Timothy V. Ramis, of Ramis, Crew, Corrigan & Bachrach, LLP, Portland, argued the cause and filed the briefs for respondent on review.

Lowell V. Sturgill, Jr., Appellate Staff, Department of Justice, Washington, D.C., argued the cause and filed the brief for Intervenor on Judicial Review United States of America. With him on the brief were Peter D. Keisler, Assistant Attorney General, Herbert C. Sundby, Attorney, Department of Justice, and Mark Stern, Attorney, Appellate Staff, Department of Justice, Washington, D.C.

Wendie L. Kellington, Lake Oswego, filed the brief for amicus curiae The Becket Fund for Religious Liberty. With her on the brief were Roman P. Storzer, Anthony R. Picarello, Jr., and Derek L. Gaubatz, Washington, D.C.

Barry Adamson, Lake Oswego, filed the amicus curiae brief for himself.

BALMER, J.

In this land use dispute, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (the church) challenges the City of West Linn's (the city's) denial of a conditional use permit (CUP) to build a new meetinghouse. The church argues that the denial constituted a "substantial burden" on religious exercise as that term is used in the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 USC §§...

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