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Academy of Our Lady of Peace Wins Largest RLUIPA Trial Verdict Ever in Federal Court Against City of San Diego

Contact: Justin Fisette, 248-254-6789

SAN DIEGO, Calif., Oct. 26, 2012 /Christian Newswire/ -- A federal jury has ruled in favor of the Academy of Our Lady of Peace (AOLP) in a precedent-setting religious land use and zoning case against the City of San Diego. The verdict of $1,111,622.00 (the largest religious land use jury verdict in the history of the Religious Land Use and Institutionalized Persons Act (RLUIPA), reflects the increased cost of construction from the time the modernization project was wrongly denied in March 2009 until October 19, 2012 -- the date of the jury verdict. The Academy will next petition the Court to order the City of San Diego to provide the permits necessary to move forward with its modernization plan that will provide much needed classrooms and science lab space at one of the finest private schools in San Diego. A hearing on the request for injunctive relief is scheduled for November 29, 2012. In addition, the Academy of Our Lady of Peace will be requesting the Court to award it prejudgment interest, cost and attorney fees in an amount that will total several million dollars.

"The Academy of Our Lady of Peace is elated with the verdict, and now looks forward to putting this case in the past and continuing to provide the highest quality education to the young women of San Diego," said Daniel P. Dalton, the Academy's attorney who has won precedent-setting land use cases against municipalities found to be in violation of RLUIPA on behalf of Catholic churches and other religious institutions across the country.

Dalton, the country's foremost expert on RLUIPA law with nearly 20 past cases across the country, has never lost. The San Diego case marks only the third religious land use case in the history of the federal law that has gone to trial.

Congress unanimously passed RLUIPA in 2000 to address local government discrimination in addressing land use applications submitted by religious organization and in doing so, leveled the playing field for religious uses and secular uses.

History
At issue in Academy of Our Lady of Peace v. City of San Diego was the City's refusal to approve the all-girls Catholic high school's plan to modernize its campus and facilities. The modernization was needed to add properly sized classrooms and increase the number of advanced placement course offerings, thereby continuing the tradition inaugurated in 1882 of superior education for the region's future female leaders. With no new school facilities built since 1965, and with all adaptive reuse possibilities for existing structures exhausted, the proposed modernization plan is critical to the school's future and to the education of the region's young women.

The proposed modernization plan includes construction of one new school building and a parking structure on land the school already owns. These facilities would provide students state-of-the-art science laboratories, an enhanced library and media center and additional classroom space, as well as off-street parking. The school, which is a non-profit, provides financial assistance to nearly half of its students.

After repeatedly meeting with its neighbors, the school first proposed the modernization plan to the City in May 2007. Over the past five years, the Academy of Our Lady of Peace has sought approval to evolve as an educational institution and remain competitive with other private high schools and public schools in the area. Approval was attained from the City of San Diego Development Services Department and unanimously approved by the Planning Commission in 2008, but later rescinded by the San Diego City Council. The councilman who led the charge against the plan, Todd Gloria, indicated the preservation of the homes at their current location was more important than modernizing the educational facilities.

The Academy filed a federal lawsuit against the City of San Diego in May 2009. The suit alleged violation of RLUIPA, as well as violations of federal and state constitutional rights based on the City Council action.

A School Vindicated, Students to Benefit
The two week jury trial, held before the Honorable Cathy Ann Bencivengo, ended with the unanimous jury verdict holding that the City Council's denial had substantially burdened the Academy's religious exercise. Additionally, the City's burden on the religious exercise was not justified by a compelling government interest fulfilled in the least restrictive means possible. Students, teachers, alumnae, and long-time administrators from the school attended every day of trial and were thrilled with the verdict.

The Academy is located in San Diego's North Park neighborhood and is the city's oldest high school. The private school is administered by the Sisters of St. Joseph of Carondelet, whose religious mission of educating young women reaches back more than 300 years. Additional information is available at www.stayeducatedsandiego.com.