Athey Creek Church Lawsuit

Complete Date	Case	Citation	Court	Short Summary
2022-03-11	Athey Creek Christian Fellowship v. Clackamas County	3:2022cv01717	US District Court for the District of Oregon	A megachurch in Oregon sues the county over zoning restrictions that prevent it from building a new worship space.
2023-06-09	Athey Creek Christian Fellowship v. Clackamas County	23-35247	U.S. Court of Appeals, Ninth Circuit	The church appeals the district court’s dismissal of its free exercise claims, arguing the zoning ordinance discriminates against religious institutions.
Ongoing	Awaiting Ninth Circuit decision	–	–	The lawsuit is currently pending in the Ninth Circuit, which will determine if the zoning restrictions violate Athey Creek’s religious freedom rights.

Additional Details:

Background: Athey Creek purchased land in 2016 to build a new sanctuary, classrooms, and other facilities to accommodate its growing congregation. However, the county zoning classified the property as “residential,” prohibiting construction of a church.
Legal Issues: The case centers on balancing religious freedom with land use regulations, requiring the county to demonstrate a compelling reason for the zoning restrictions and the least restrictive means to achieve its goals.
Potential Outcomes: The Ninth Circuit could strike down the zoning restrictions, uphold them, or encourage a settlement with zoning modifications or alternative locations.
Impact and Significance: This case has national implications for religious institutions seeking to expand, particularly in areas with restrictive zoning laws.

Please note: This information is for general knowledge only and does not constitute legal advice.

Updates:

The lawsuit is now before the Ninth Circuit Court of Appeals, not the district court.
The case citation for the appeals court is 23-35247.
The last docket update was on June 9, 2023, so the outcome is still pending.