1 JAMES F. SWEENEY (SBN 124527)
ERIC GRANT (SBN 151064)
2 SWEENEY & GRANT LLP
Wells Fargo Center
3 400 Capitol Mall, Suite 900
Sacramento, California 95814
4 Telephone: (916) 341-0321
Facsimile: (916) 444-1933
5
Counsel for Plaintiffs Oblates of St. Joseph
6 and Revs. Massetti, Toschi, and Crawford
7
8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10
11 The OBLATES OF ST. JOSEPH, a California non- )
profit corporation, Rev. PHILLIP MASSETTI, O.S.J., )
12 Rev. LARRY TOSCHI, O.S.J., and REV. BRIAN )
CRAWFORD, O.S.J., )
13 )
Plaintiffs, ) COMPLAINT FOR
14 ) DECLARATORY AND
v. ) INJUNCTIVE RELIEF
15 )
MARY D. NICHOLS, MICHAEL SWEENEY, )
16 PATRICIA NEAL, JOAN D. DEAN, PAUL D. )
THAYER, DWIGHT E. SANDERS, SARA WAN, )
17 DAVE POTTER, CHRISTINA L. DESSER, )
SHIRLEY S. DETLOFF, CECILIA V. ESTOLANO, )
18 GREGG A. HART, PATRICK KRUER, CYNTHIA )
D. McCLAIN-HILL, PATRICIA McCOY, PEDRO )
19 I. NAVA, MIKE REILLY, and JOHN WOOLLEY, in )
their official capacities as members of the California )
20 Coastal Commission, an instrumentality of the State )
of California; and the STATE OF CALIFORNIA, )
21 )
Defendants. )
22
23 Plaintiffs, the Oblates of St. Joseph and Revs. Massetti, Toschi, and Crawford, allege as
24 1. Plaintiffs institute this action for declaratory and injunctive relief
25 Declaratory Judgment Act, 28 U.S.C. § 2201; the Civil Rights Act of 1871, 42 U.S.C. § 1983; and
SNIPPETS:
Counsel for Plaintiffs Oblates of St. Joseph 6 and Revs.
19 I. NAVA, MIKE REILLY, and JOHN WOOLLEY, in) their official capacities as members of the
Massetti, Toschi, and Crawford, allege as follows:
27 redress the deprivation by Defendants, acting under color of state law, of rights secured
13 action is not founded solely on diversity of citizenship, and all Defendants have their
20 under California law with its headquarters in Santa Cruz.
Plaintiff Rev. Phillip Massetti, O.S.J., is a Roman Catholic priest, the Provincial
Plaintiff Rev. Brian Crawford, O.S.J. is a Roman Catholic priest, a member of the
As an officer of the State of California, Defendant Nichols's official residence
Agency and, by virtue of that office, an alternate member of the California Coastal
10 He is sued in his official capacity.
As an officer of the State of California, Defendant Sweeney's
the Oblates to continue their religious mission, to operate their shrine ministry in Santa
to live and to carry on their religious mission.
These devotional areas are intended to promote private prayer
Visitors and pilgrims are en7 couraged to use to the Shrine grounds to pray and meditate in a
large numbers of Roman Catholics from all over California and from other states
parking expansion plan were patently pretextual and changed with time, the final objection
19 denied the appeal and granted the Oblates the coastal development permit necessary for the
sional staff visited the project site.
21 freedom rights of the Oblates in violation of the Religious Land Use and Institutionalized
11 and are therefore entitled to preliminary and permanent injunctions as well as declaratory
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