Justia Zoning, Planning & Land Use Opinion Summaries

Plaintiff sought damages from the United States for injuries to a child allegedly caused by exposure to the toxic heavy metal thallium from soil dumped into a landfill adjacent to the child' residence and school. The child, by her guardian ad litem, appealed a decision of the district court finding that the United States acted "reasonably" and did not breach any duty in conducting the soil remediation projects. The district court also found that it did not have subject matter jurisdiction because the "discretionary function" exception to tort liability of the United States applied in this case. The court held that because the district court erred in holding that the "discretionary function" exception barred the Navy's liability on and the court's subject matter jurisdiction over plaintiff's claim, and clearly erred in finding that the Navy acted "reasonably" and not in breach of its duty in conducting the remediation of contaminated soil in the project at issue here, the court reversed and remanded for further proceedings. The court, nevertheless, held that it was unnecessary to reassign the case to a different judge on remand.

Plaintiff, a Christian congregation church, sued the City of Yuma when the city prevented the church from conducting church services in a building it had bought for that purpose. At issue was the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. 2000cc. The court held that the church's claims for declaratory judgment and injunction were moot where the church no longer owned the building, so the city could not be required to issue a conditional use permit for the building to the church. Nor could the church be entitled to a declaration that a code provision and statute violated federal law because they no longer affected the church. The court also held that, because the city required religious assemblies to obtain a conditional use permit, and did not require similarly situated secular membership assemblies to do the same, it violated RLUIPA's equal terms provision. Therefore, the court did not reach the church's argument that the ordinance violated the Free Exercise Clause. Accordingly, the court reversed and remanded for the district court to adjudicate the church's claims as to damages.