1 LAW OFFICES OF ROGER S. GAITHER
ROGER S. GAITHER (CSBN: 108786)
2 MARK A. GAITHER (CSBN: 189125)
238 Kittery Place
3 San Ramon, CA 94583
Telephone: (925) 829-5577
4 THE BECKET FUND FOR RELIGIOUS LIBERTY
5 ROMAN STORZER (D.C. # 459878)
ANTHONY PICARELLO (D.C. # 454459)
6 DEREK L. GAUBATZ (CSBN: 208405)
7 1350 Connecticut Avenue, NW, Ste 605
Washington, D.C. 20036-1735
8 Telephone: (202) 955-0095
(Applications Pro Hac Vice Pending)
9
10 Attorneys for Plaintiffs
11
UNITED STATES DISTRICT COURT
12
13 NORTHERN DISTRICT OF CALIFORNIA
14 REDWOOD CHRISTIAN SCHOOLS; BRUCE Case No.
15 JOHNSON; and BENJAMIN BRUNO, a minor,
16 by and through HARRY BRUNO, his father and
guardian ad litem,
17
Plaintiffs,
18
19 v.
20 COUNTY OF ALAMEDA, a Charter and
Statutory County of the State of California,
21 CASTRO VALLEY MUNICIPAL ADVISORY
COUNCIL, ALAMEDA COUNTY PLANNING
22 COMMISSION, ALAMEDA COUNTY BOARD
23 OF SUPERVISORS, Gail Steele, Nate Miley,
Alice Lai-Bitker, Scott Haggerty, Keith Carson,
24 Glenn Kirby, Audrey LePell, Earl Hamlin, Ario
Ysit, Ken Carbone, Steve Szalay, Ineda Adesanya,
25 Roberta Rivet, Nicholas Hanson, Andy Frank, and
26 DOES 1-50, inclusive,
27 Defendants.
28 ///
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SNIPPETS:
LAW OFFICES OF ROGER S. GAITHER ROGER S. GAITHER
MARK A. GAITHER (CSBN:
14 REDWOOD CHRISTIAN SCHOOLS; BRUCE Case No.
Statutory County of the State of California,
COUNCIL, ALAMEDA COUNTY PLANNING
Johnson and Benjamin Bruno, by and through their attorneys, and for their Complaint state as
build a facility on the property it owns at 6400 East Castro Valley Boulevard, Castro Valley,
inadequate facilities-leased from an Alameda County
13 School Board-being subject to termination with only six months' notice.
Still another termination-paired with the Defendants
19 Alameda County suitable for Redwood Christian to build a facility other than at the
Plaintiffs allege that the land use and zoning laws
purposes of carrying out its accredited program of Christ-centered education.
13 conditional use permit.
These burdened activities are central to Plaintiffs' religious vision and the
26 ministered to Christian students, their families, and the community by operating an
15 ordinances and practices that are set forth in the Alameda County General Ordinance Code.
Defendant ALAMEDA COUNTY BOARD OF SUPERVISORS is delegated the
15 member of the Alameda County Planning Commission.
28 COUNCIL is empowered by the Alameda County Administrative Code and Alameda County
educational opportunities in Alameda County's public schools.
California where its High School meets.
and establishes the standards of Redwood Christian's ministry.
the District could terminate Redwood Christian's lease of the Martin site on only 6
East Castro Valley Boulevard, Castro Valley, California.
religious exercise is thus substantially burdened.
27 High School campus is in the R-1-L zoning district of Alameda County,
10 for this high school project that require or obligate either the Castro Valley Municipal
25 Defendants' lack of good faith, County staff required that every "environmental impact" of
22 freedom of religion, as secured by Article 1, Section 4 of the California Constitution, by
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