Praise Christian Center v. City of Huntington Beach

Location: Huntington Beach, California
Court: Ninth Circuit Federal Court Of Appeals

Upholding a church’s rights to be treated equally with secular institutions when officials apply land use regulations

Praise Christian Center and Pastor Derek Annunciation applied for a conditional use permit (CUP) in the City of Huntington Beach. The City eventually granted the CUP, but with many restrictive conditions that resulted in the Church's inability to use the building. Additionally, the conditions applied were excessive, arbitrary, and disproportionate to conditions enforced on other businesses. The district court ruled that the City's sign ordinance was unconstitutional but ruled against the Church as to its use of the building. We have appealed to the Ninth Circuit Court of Appeals on the basis that the district court erred in reviewing the evidence.

Following our opening brief to the Ninth Circuit, the City filed a motion to dismiss, which the court denied, and we proceeded with the final briefing. Oral arguments were heard in February, 2008. We are now awaiting a decision from the Ninth Circuit.