RECENT CALIFORNIA DECISIONS

July 2009

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First District Protects Vacant Church from Designation as a Landmark Pursuant to the San Francisco Municipal Planning Code
California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco, ___Cal.App.4th___

On May 20, 2009, California Court of Appeal, First Appellate District, issued a 15-page ruling that the San Francisco Board of Supervisors exceeded its jurisdiction by adopting a resolution to designate The First St. John’s United Methodist Church as a landmark pursuant to the city’s planning code. The court reasoned that state law exempts noncommercial property from local landmark regulations. The court concluded that a church that is no longer used as a place of worship is covered by this exemption and may be sold for demolition and to make way for condominiums.