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CORP. OF PRESIDING BISHOP v. CITY OF WEST LINN

2002-155; A122194.

86 P.3d 1140 (2004)

192 Or. App. 567

CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Respondent, v. CITY OF WEST LINN, Petitioner, 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, Intervenors-Respondents below.

Court of Appeals of Oregon.

Decided March 24, 2004.

Attorney(s) appearing for the Case

Timothy V. Ramis, Portland, argued the cause for petitioner. With him on the brief was Ramis Crew Corrigan & Bachrach, LLP.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were Bullivant Houser Bailey PC, and James H. Bean and Lindsay Hart Neil & Weigler LLP, Portland, and Matthew K. Richards and Kirton & McConkie, Salt Lake City, UT.

Lowell V. Sturgill, Jr., Washington, D.C., argued the cause for intervenor on judicial review. With him on the brief were Mark Stern, Washington, D.C., and Peter D. Keisler, Assistant Attorney General, and Herbert C. Sundby, Department of Justice, Office of U.S. Attorney.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (the church) applied to the City of West Linn (the city) for a conditional use permit to build a church meetinghouse in a residential neighborhood of the city. The city denied the application. The church appealed to LUBA, which determined that the city's decision violated certain provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA...

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