Facts

Academy of Our Lady of Peace is an all girls catholic high school established in 1882. Our Lady of Peace submitted a modernization plan in 2007 to build a new classroom building and parking structure on land it already owned. Opponents of the plan argued that three homes on the school's land that would be removed were historic and could not be destroyed. The San Diego Development Service Department approved the plan. The San Diego Planning Commission unanimously approved a conditional use permit for the school in October 2008.

The opposition group then appealed to the San Diego City Council, who voted to block the plan. The school then filed suit, arguing that the City violated the federal Religious Land Use and Institutionalized Persons Act, a federal law that protects faith-based organizations in land use decisions that infringe on free exercise.

Result

A jury found in favor of the school and awarded $1,111,652. The school's motion for injunction relief asking the Court to order issuance of the permits denied by the City is pending. Attorney's fees are mandated to the prevailing plaintiffs under RLUIPA and also will be sought.