Hugh Hewitt MEGA-PING!!
Posted on 06/05/2002 12:05:52 AM PDT by JohnHuang2
The scent of Dairy City has turned sour.
The city of Cypress, Calif. – originally named Dairy City when it formed in 1956 – condemned 18 acres belonging to Cottonwood Christian Center last week, in order to convey the land to Costco.
Cottonwood Christian Center is the spiritual home to more than 4,000 families. It bought the land in Sept. 1999. The property was then permitted for a 108,000 square foot office building, though the zoning in place did allow for church uses. The city staff told the church that it preferred retail on the site, but the church went forward with its $14 million purchase.
The city's position is blunt: It wants the tax revenue that Costco will bring.
The church will not be cowed. In January of this year, the church launched lawsuits under the Religious Land Use and Institutionalized Persons Act of 2000. The city added insult to injury when it lowballed the church on the value of the property. Although the property was appraised at $17.9 million this spring, the city has told the church that it will be paid $14 million.
To get a glimpse of the deep, bureaucratic ethic that controls the city, ponder the "Mission Statement" and "Vision Statement" that are touted on the city's website: "The city of Cypress, in partnership with the community, will maintain and enhance a safe, attractive and sustainable environment in which to live work and play," and "The vision of the city of Cypress is to be an outstanding family-oriented community and premier business center."
My guess is that the 47,000 citizens of Cypress didn't know they had a mission or a vision. And I am certain they did not know that their city would become internationally famous as representative of hostility to faith and governmental greed.
Law professors from the left and right agreed on my radio program last week that Cypress had gone too far – too far in distorting what a "public use" was, since a "public use" must accompany a condemnation. They agreed as well that if, as appears to be the case, the city had targeted a particular church, then the First Amendment's Free Exercise clause had been violated as well. We never made it to the new federal law designed to prevent such outrages. In short, the city appears to have one heck of a malpractice suit against its legal advisers when it gets walloped in the courts. Citizens who will get left holding the bill ought now to be asking to see the legal opinion analyzing the city's tactics. Again, my guess is that none was asked for, and none was volunteered.
I spent four hours fielding calls from my radio program from coast-to-coast when I discussed this seizure. A Cypress city councilman called to defend the action. When he began whining about being the victim, I let him have it. Petty tyrants complaining that they aren't understood are both offensive and mind-bogglingly obtuse.
The Wall Street Journal chastised Costco the very next day, as had hundreds and maybe thousands of e-mail defenders of religious freedom. As threats of cut-up Costco cards flowed into HQ, Costco hunkered down and produced a masterpiece of dissembling that met the classic requirement of a defense lawyer, the superstore equivalent of "It's not my dog. It didn't bite you. And besides, you kicked it first." Costco disclaimed responsibility and claimed support for the church's efforts to find a new site, but did not foreswear buying the 18 acres. "If we don't buy it, someone else will," was the bottom line. In short, the warehouse store guys are hanging tough. They want the land.
So this is why American soldiers, sailors, airmen and marines are fighting and dying a half-world away: To make the country safe for tin-horn councilman-bullies and avaricious super-stores – not the right of a free people to join together and worship their God as they understand Him.
Perhaps the Cypress City Council and the Cypress city staff are not anti-Christian, just dense. They have talked themselves into a corner, and now find themselves on the receiving end of a large and growing wave of disgust. Legal bills will follow. So will defeat.
The first rule of holes for someone who wants to get out of one is: Stop digging.
Stop digging, Cypress and Costco. Give the church its permits and show up for a love fest when the blue-ribbon is cut.
See also:
The First Church of Costco
The Wall Street Journal | Thursday, May 30, 2002
Posted on 5/30/02 8:46 AM Pacific by TroutStalker
The Good Book instructs us to render unto Caesar what is his. But what do you do when Caesar casts his greedy eye on your local church -- in order to replace it with a discount retailer?
This tale comes from Orange County, California, once known as Reagan Country. On Tuesday night the Cypress City Council voted 4-0 to invoke its powers of eminent domain to seize land owned by the Cottonwood Christian Center, which would then be sold to Costco... more
More than welcome, friend =^)
"...Perhaps the Cypress City Council and the Cypress city staff are not anti-Christian, just dense. They have talked themselves into a corner, and now find themselves on the receiving end of a large and growing wave of disgust. Legal bills will follow. So will defeat..The first rule of holes for someone who wants to get out of one is: Stop digging.
Stop digging, Cypress and Costco..." - Hugh Hewitt
From http://www.nhbirdsnest.com/construction.htm:
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(If you want OFF - or ON - my "Hugh Hewitt PING list" - please let me know)
I'd say the Cypress City Council has fallen into a mighty big pit of greed.
RonDog thanks for the ping and links.
Angelique, I agree, it sure does look like greed.
Cypress invokes eminent domain to seize church landCalifornia, the TREND-setter. What a WONDERFUL concept to popularize across the USA... NOT!
ocregister.com
Posted on 5/29/02 12:19 PM Pacific by Retired Chemist
CYPRESS – Cypress on Tuesday became the first Orange County city to use eminent domain to seize church property to make way for a shopping center...
As others have posted previously, this "land grab" reminds of the old Joni Mitchell classic, from http://www.jmdl.com/lyrics/bigyellowtaxi.cfm:
Big Yellow TaxiYou can LISTEN to it here:
by Joni Mitchell
They paved paradise
And put up a parking lot
With a pink hotel, a boutique
And a swinging hot spot
Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot
They took all the trees
Put 'em in a tree museum
And they charged the people
A dollar and a half just to see 'em
Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot
Hey farmer farmer
Put away that DDT now
Give me spots on my apples
But leave me the birds and the bees
Please!
Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot
Late last night
I heard the screen door slam
And a big yellow taxi
Took away my old man
Don't it always seem to go
That you don't know what you've got
Till it's gone
They paved paradise
And put up a parking lot
They paved paradise
And put up a parking lot
Copyright © Siquomb Publishing Company
I think it would be more effective than dealing with this city council... Just a thought. What are they going to do when, if, CostCo backs out?
Does anyone have a side by side of these giants among the Rats?
My husband has served on Planning Commissions in two states. Churches and schools normally are allowed as a "use by right" in all zoned areas because they are considered as beneficial for the populace. I dunno about California courts, but I think this church has a very strong case. The greedy City of Cypress would be thrown out on its ear if it were either in Texas or Wisconsin.
They would have to find some other reason for denying this, such the Church structure posing a danger to the Congregation or other residents (blocking vision at an intersection, for instance). Or construction of the Church would seriously deplete the water supply or cause flooding for the rest of the community. Of course that argument would block construction of the retail center too.
The Church should sue, or threaten to sue. It's amazing how City Attorneys will change their tune when they are faced with defending a lawsuit. They usually duck and run.
They'll find some other retailer. This City needs to be put in its place FAST and PERMANENTLY by the court.
Now, however, the sports facility will be dismantled and low income housing will go in it's place. What is so hard to swallow about this is the fact that the original little league fields were wiped out in order to do this deal, and now the new ones will be gone as well. The local residents were lied to and manipulated and the children's facilities will go down to the almighty dollar. So what's new? If the battle is cultural/societal good vs monetary advantage, the green stuff always has the edge.
I like this line also: The first rule of holes for someone who wants to get out of one is: Stop digging.
I hope Cypress and Costco are listening to public opinion.
One thing I love about Hugh is his facility with the English language. This line is a keeper.
As I said, Cottonwood did not own this property prior to the Redevelopment Agency taking development control of this property. The owner of the property at that time had every right to file suit because of the restrictions being put on his land use. He did not file suit and reportedly that owner actually encouraged the redevelopment zoning on the property. So now Cottonwood knowingly buys up property for a use that is not allowed. They have no right to build anything but retail on that property and they need a Conditional Use Permits to do so. Those were the rules when they bought the property and those rules remain.
Why should this out of town church have more rights than the citizens of Cypress who voted with a weighted majority (over 67%) to tax themselves to develop this property in the manner set forth by the Redevelopment Agency?
Why should this church have more rights than a developer who would not be allowed to build housing or industrial there?
The fact is they don't have more rights than others but they do garner more sympathy when they only tell their half of the story. IMO, they are trying to bully a community that clearly has a different plan for themselves and has been upfront about it.
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