SAN DIEGO (CNS) - All Peoples Church filed a lawsuit Monday against the City of San Diego that alleges the city council's rejection of its large-scale church project in Del Cerro violates federal protections for religious institutions.
The lawsuit was filed in San Diego federal court nearly three months after the city council voted 6-2 to deny the church's proposal for the All Peoples Church Light Project, which would have been built on a six-acre site on College Avenue, just north of Interstate 8.
All Peoples Church purchased the property in 2017 and sought to construct a 900-seat sanctuary, classrooms, a "multipurpose space for youth ministry," and upwards of 350 parking spaces.
The project was approved by the San Diego Planning Commission, but some Del Cerro residents opposed the project, calling it a "megachurch" that would cause significant traffic and environmental impacts.
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Save Del Cerro, a community group made up of more than 1,000 residents, said the project would create safety hazards due to the increased vehicle traffic.
The city council rejected the project in January, which an attorney representing the church in its lawsuit said constitutes religious discrimination.
In a statement posted on its website, the church says the Religious Land Use and Institutionalized Persons Act prohibits local governments "from regulating land use in a manner that discriminates against or among religious institutions."
The lawsuit alleges the city violated that law and "imposed its land use regulations in a manner that treats the church's religious land use less favorably than comparable secular activities."
Lead counsel Daniel Dalton said, "The law is clear. The city cannot discriminate against a religious use using different rules and analysis from a non religious project in a similar situation. Federal law protects churches from the abuse of government in creating different standards for a religious facility, which is what the council did in justifying its motion to deny the All Peoples Church Light Project."
The church's lease is set to expire this summer at its current location in City Heights, which the church says cannot adequately meet the needs of around 800 weekly attendees and prevents the church from hosting larger gatherings like weddings and funerals.
"The church believes it is called by God to own and build a permanent home large enough to accommodate its growing congregation, its anticipated growth, and its various ministries," according to the complaint.
The church's pastor, Robert Herber, said in a statement, "We believe now, more than ever, in the vision and need for our permanent home at this site."
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