Author Topic: RLUIPA Law Suit Filed by Church of Scientology of Georgia  (Read 98805 times)

Offline wynot

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #160 on: October 09, 2011, 18:05 »
...
I wonder if the judge rules for the City at the trial, will the CoS appeal it?  Can they appeal it, and if so, would a higher court hear it?

I imagine they will have to appeal after they lose, to justify the piles of money they have already shoveled into this white-elephant. When they do, the next highest court will have to at least listen to it, but it seems very unlikely they would overturn the lower court's ruling.

I hate to get ahead of events, but it really does look like a major defeat of the forces-of-evil, doesn't it? C{{O}}2 :::-O-::: C{{O}} o=R=o :888-O

'til next time!
wynot
"When nothing seems to help, I go look at a stonecutter hammering away at his rock, perhaps a hundred times without as much as a crack showing in it. Yet at the hundred and first blow it will split in two, and I know it was not that blow that did it, but all that had gone before."

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Offline Mary_McConnell

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #161 on: October 09, 2011, 20:31 »
I agree, Wynot    L-O-:
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Offline skydog

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Yea
« Reply #162 on: October 10, 2011, 19:48 »
  ;D

Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #163 on: October 28, 2011, 12:18 »
Here are some new docs in this case. 

The judges order on the Motions for Summary Judgement, which hit the news and was discussed last month (this contains some statements which I found highly amusing - I may pull them out and laugh publicly later on, but feel free to point out any you think are noteworthy in the meantime):
http://alley.ethercat.com/storage/RLUIPA/2011-09-30_JudgesOrder.pdf

And the memos that were filed in response to the Judges Order:
http://alley.ethercat.com/storage/RLUIPA/2011-10-21_DefendantsMemo.pdf
http://alley.ethercat.com/storage/RLUIPA/2011-10-21_PlaintiffsMemo.pdf

edit: fixed link
« Last Edit: February 13, 2012, 18:48 by ethercat »
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Offline skydog

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #164 on: October 28, 2011, 15:04 »
Both parties agree that the issues remaining for trial are "ripe" for review. The court will not decide an issue if  another tribunal has the authority to grant the relief requested. In this case, the court was concerned that the church could re-apply for a variance which, if granted, would make the current lawsuit moot. I like the city's attorney who, in a five page brief, succinctly stated that the commission's decision was final and thus, ripe for review.  It took the church's attorneys, apparently being paid by the word, seven pages to answer that simple question and another seven pages to explain why.


Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #165 on: October 29, 2011, 09:23 »
It took the church's attorneys, apparently being paid by the word, seven pages to answer that simple question and another seven pages to explain why.

 :D  Following in the old man's footsteps, are they?

It has been a long-standing tradition of the "church" to try to bury the opponent and the court with paperwork.  The judge was apparently wise to that tactic, whether from this case or from their reputation, and ordered the memos to be no more than 15 pages.

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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #166 on: October 29, 2011, 09:45 »
It took the church's attorneys, apparently being paid by the word, seven pages to answer that simple question and another seven pages to explain why.

 :D  Following in the old man's footsteps, are they?

It has been a long-standing tradition of the "church" to try to bury the opponent and the court with paperwork.  The judge was apparently wise to that tactic, whether from this case or from their reputation, and ordered the memos to be no more than 15 pages.

I guess it took at least 7 pages to whine about the "moving target" of "ever-changing" parking space requirements.
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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #167 on: November 01, 2011, 19:31 »
Recent coverage on wsb-tv in Atlanta

Church Of Scientology Controversy In Sandy Springs

Updated: 4:03 p.m. Tuesday, Sept. 20, 2011
http://www.wsbtv.com/videos/news/church-of-scientology-controversy-in-sandy-springs/vCRT3/

Scientology church suing Sandy Springs

Updated: 6:44 p.m. Monday, Oct. 31, 2011
http://www.wsbtv.com/videos/news/scientology-church-suing-sandy-springs/vD3kR/
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #168 on: November 06, 2011, 14:26 »
A new Motion by the "church":

http://alley.ethercat.com/storage/RLUIPA/2011-10-28_MotionForReconsideration.pdf

They baww about Rusty Paul's questions about the practice of their "religion" and say that his questions constitute discrimination.  Therefore, they are asking the judge to reconsider their Motion for Summary Judgment.

I believe Rusty Paul has just been labeled a "religious bigot" (but not in those words, of course). 

Edit: link fixed.  Doh.
« Last Edit: November 06, 2011, 20:48 by ethercat »
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Offline mefree

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« Last Edit: November 06, 2011, 19:28 by mefree »
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Offline SocialTransparency

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #170 on: November 07, 2011, 09:21 »
 Woodson Galloway needs to prove ANTHRAX threats have been made against the so-called church. One would think a supposed "educated" man such as attorney Woodson Galloway would vet an oh so serious claim. Sounds like show boating by Mr Galloway for effect in my humble opinion!

 Another "claim" made by attorney Woodson Galloway while in the employ of the church of scientology of Georgia revolves around growth and that growth predicating a move to a larger facility.

 I would imagine hired by scientology attorney Woodson Galloway knows about the current lawsuit by the owners of the past location the so-called church of scientology occupied. Then let us go and visit how well this so-called growing church is doing @ its current location. It appears to be functioning in fine fashion with the space not only chosen by its adherents,the parking appears to be more than adequate.

 As "I" am not a member of the city council, I CAN express my knowledgeable distain for this so-called religion. Having worked for and experienced this cult first hand, I CAN offer a far better argument as to WHY the citizenry should be informed as to why this group of people should not be allowed to ply their sordid trade within the community.

 Mr Galloway and Mr Dillard have the right to whore themselves for financial gain. That is their choice. We the citizenry do not want to reap the results of their actions if we so choose!

 One only need to look @ the continued criminality perpetrated by those in the so called church. Debra Danos, currently being sued. Mary Rieser,currently being sued. Don Delgado,currently being sued. Maria Delgado, currently being sued. This list goes on and on. Deaths have occurred. If the government will not step up to the plate and seek justice, you can be guaranteed the citizen will.

 This muzzling of the citizen and our public officials to speak their mind has to stop. Fear of the status quo and the bowing to political correctness does not add to the health and well being of our communities. To do so betrays whom and what we are.

 Scientology from top to bottom is corrupt, Adding nothing of value be it spiritual or financial to our communities. It only drains our communities of resources and preys on the uninformed!

 Just watching the likes of the law firm of Dillard and Galloway pandering to this so called church is to say the least a small look into what is currently wrong with our social structure. The law firm of Dillard and Galloway gets paid while the rest of us are left with the damage they leave within our communities. Dillard and Galloway reap the profits be they win or lose.

 I dearly hope Dillard and Galloway enjoy the money heaped upon them via this so-called church. Have they no honor? I think not!

 
« Last Edit: November 07, 2011, 09:27 by SocialTransparency »

Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #171 on: November 12, 2011, 09:16 »
Sandy Springs' response to the latest baww:
http://alley.ethercat.com/storage/RLUIPA/2011-11-09_DefendantsResponseToPlaintiffsMotionForReconsideration.pdf
http://alley.ethercat.com/storage/RLUIPA/2011-11-09_Exhibit-WilsonVBBTMortgage.pdf

Here are a few highlights (highlights for me, but of course, I'm biased) from the Response:

Quote
Merely disagreeing with a court’s decision is not a basis for relief.

Quote
Plaintiff argues that the Court committed clear errors of law and fact. However, Plaintiff fails to demonstrate a single error of law or fact, much less one requiring correction.  Plaintiff’s blatant repackaging of its summary judgment arguments cannot support its motion for reconsideration.

Quote
Plaintiff chose to submit an incomplete parking study that did not reflect the anticipated parking demand for its facility operating at full capacity.

Quote
Plaintiff continues to “quibble” over the definition of a “church” in the Zoning Ordinance, repeating its arguments from summary judgment almost verbatim.

Quote
The Court, however, found that there was no evidence – direct or circumstantial – that permitted even an inference of discrimination on the part of the City.  Plaintiff’s reiteration of its arguments from summary judgment do not support its motion for reconsideration.


And the best one of all:

Quote
No hostile or discriminatory animus towards Plaintiff’s religion lurks in the shadows of the City’s decision. The City approved Plaintiff’s use of the Subject Property as a church.   Plaintiff’s attempts to impute a hostility into the quoted line questioning from Councilmember Paul at the December 15, 2011 hearing only demonstrate Plaintiff’s extreme paranoia.

         ;D
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Offline Mary_McConnell

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #172 on: November 13, 2011, 11:08 »
Nothing like twisting the facts to justify one's position....The church's lawyers would make good scientologists, lol.

Looking forward to the court's decision.
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #173 on: November 14, 2011, 06:16 »
Nothing like twisting the facts to justify one's position....The church's lawyers would make good scientologists, lol.

Looking forward to the court's decision.

I may be mistaken, but I seem to recall that Moxon was at one of the depostions (the others present are listed on the first page of each depo), and if correct, it's quite possible the "church" is micromanaging Dillard and Galloway. 
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #174 on: January 01, 2012, 10:29 »
Judge Amy Totenburg has issued these Guidelines to Parties and Counsel:
http://alley.ethercat.com/storage/RLUIPA/2011-12-19_GuidelinesToPartiesAndCounsel.pdf

I wonder if this means this case is about to start wrapping up in court?
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Offline Mary_McConnell

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #175 on: January 03, 2012, 01:31 »
Judge Amy Totenburg has issued these Guidelines to Parties and Counsel:
http://alley.ethercat.com/storage/RLUIPA/2011-12-19_GuidelinesToPartiesAndCounsel.pdf

I wonder if this means this case is about to start wrapping up in court?

I may be wrong but that document from the judge is standard fare when a judge is assigned to a case.

I think was it really means in this case is that the court assigned another judge because they are about to go to trial on the remaining part of the case, as mentioned in the last series of articles updating us on the case. You refer to them in this post.

There has been a ruling in this case that the City properly administered its parking ordinance.  At first, I thought this meant the City won the case, but an article in the AJC clarified that there is still a matter to be decided - whether the City violated the "Church" of the holy lawsuit Scientology's free exercise of their "religion".  Here's hoping the judge will rule in favor of the City on that as well.

http://www.reporternewspapers.net/2011/10/05/sandy-springs-prevails-in-scientology-lawsuit/
http://www.ajc.com/news/north-fulton/judge-backs-city-in-1195105.html

If someone can get a copy of the recent case docket ( starting around Nov date of  those articles ) copying it by using a print-to-pdf  program like pdf995,   then we can see from there what is going on in the case. Fed dockets are very informative. Doing it this way is better than paying for docs unnecessarilly. Our 'inhouse' legal eagles can then tell us what to get and not to get.  \--O--/

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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #176 on: January 04, 2012, 22:37 »
Federal case docket
http://ia700407.us.archive.org/26/items/gov.uscourts.gand.164119/gov.uscourts.gand.164119.docket.html

Fulton county case

In the SUPERIOR COURT
    Fulton County, Georgia
    Case No. 2010CV180058
    
CHURCH OF SCIENTOLOGY OF GEORGIA INC., A GEORGIA CORPORATION VS. CITY OF SANDY SPRINGS, GEORGIA A MUNICIPAL CORPORATION OF THE STATE OF GEORGIA; THE CITY COUNCIL OF THE CITY OF SANDY SPRINGS, GEORGIA, EVA GALAMBOS, MAYOR OF THE CITY OF SANDY SPRING, GEORGIA AND JOHN PAULSON, DIANNE FRIES, WILLIA COPPEDGE
    
Filed on 01/14/2010
    Case Type: APPEAL
    Judge: Wendy L. Shoob
    Current Status: Filed

Defendant   
Defendant Attorneys
City Of Sandy Springs   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
The City Council Of The City Of Sandy Springs   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Galambos, Eva   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Paulson, John   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Fries, Dianne
S   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Collins, William Coppedge   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Jenkins, Ashley   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Dejulio, Tiberio   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030
Mcenerny, Karen Meinzen   Henderson, Laurel Elaine
160 CLAIREMONT AVENUE
SUITE 430
DECATUR, GA 30030

Plaintiff   
Plaintiff Attorneys
Church Of Scientology Of Georgia Inc   Dillard, G. Douglas
3500 LENOX ROAD NE
SUITE 760
Atlanta, GA 30326

Hearings
03/09/2010   Tuesday   9:30am   CIVIL NON JURY

Events and Orders of the Court
07/15/2011   LEAVE OF ABSENCE
02/18/2011   ENTRY/NOTICE OF APPEARANCE
08/10/2010   LEAVE OF ABSENCE
04/05/2010   MICROFILMED FILE
03/05/2010   LEAVE OF ABSENCE
03/02/2010   ORDER ON MOTION
03/02/2010   ORDER
02/25/2010   MOTION
02/11/2010   LEAVE OF ABSENCE
01/29/2010   Acknowledgement of Service
01/19/2010   AMENDMENT
01/14/2010   CASE INITIATION FORM
01/14/2010   PLAINTIFF'S ORIGINAL PETITION

Fulton County Court Clerk of Superior Court
http://www.fcclkjudicialsearch.org/
« Last Edit: January 04, 2012, 23:24 by mefree »
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Offline mefree

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #177 on: January 26, 2012, 00:03 »
Not sure if this was posted elsewhere:

Fed. Dist. Court Dismisses Most of RLUIPA Claims by Church of Scientology but Allows Substantial Burden and First Amendment Claims to Proceed
On October 30, 2011, in Current Caselaw, Land Use, Law of the Land, RLUIPA, by Patty Salkin

The Church of Scientology of Georgia, Inc. (herein after the Church, Plaintiff) sued the City of Sandy Springs (herein after the City), alleging that the City had violated the Church’s statutory rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA). The Church bought a 32,053 square foot building that was zoned in an Office and Institutional district. The Church sought to rezone the building  to convert the 11,863 square foot basement/garage in accordance with the Church of Scientology doctrine that the Church required a building that was at least 40,000 square feet. However, doing so would eliminate 30 parking spaces. The City’s relevant parking ordinance provides that parking requirements be calculated based on the proportion that each use contributes to the total. Because the Church focuses more on individualized study rather than congregational gatherings, the City used a multi-use formula rather than the formula typically used for churches to determine how many parking spaces were needed. Based on the multi-use formula, the City determined the conversion of the basement/garage would leave the Church with inadequate parking and denied the Church’s application for expansion though the application for rezoning was approved. The Church later filed suit, and both parties moved for summary judgment.

The Church alleged that the City’s denial of their proposed conversion substantially burdened its religious exercise in violation of RLUIPA because it encroached on its use of the building in accordance with Scientology scripture. However, the Court stated that not being able to operate a church on the scale desired is not a substantial burden.  A government may regulate the number of parking spaces required for a church facility or restrict the size of assemblies or institutions, and as long as such restrictions are unrelated to the religious characterization of the property, RLUIPA is not implicated. Moreover, where a religious organization fails to show that its property carries religious significance, the inability to relocate a religious facility is not a substantial burden under RLUIPA.

Here, the Church does not assert that the City’s actions have coerced or forced it into foregoing practicing the religious precepts of Scientology. The Church also failed to assert that the subject property had any religious significance. The court found that the Church did not suffer a substantial burden. However, the Court did find that the City’s application of the parking ordinance was based on consideration of the Church’s individual case. Thus, the court denied summary judgment on that issue.

more at http://livabilitylaw.com/archives/3574
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Offline ethercat

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #178 on: January 27, 2012, 09:48 »
This whole thing just shows how little "the church" understands religion as most people see it. 

Lesson: if you're going to pretend to be something, at least fully understand what it is that you're claiming to be.
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Offline thetanbuster

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Re: RLUIPA Law Suit Filed by Church of Scientology of Georgia
« Reply #179 on: January 28, 2012, 19:14 »
Most clear thinking people/businesses/organizations get their zoning handled PRIOR TO spending the kind of money that building cost. I am using the word "clear" in the pejorative.  That is because I am mean-spirited.
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