County backs Molalla church in fight to build

By RICHARD KOE
    MOLALLA — In the latest round of the lengthy land-use battle involving Molalla Christian Church, Clackamas County commissioners voted 2-1 on Jan. 18 to approve the church’s request to build on 10 acres in an unincorporated area outside Molalla’s urban-growth boundary.
    The board said a denial would violate the state and federal constitutional provisions protecting the free exercise of religion. The ongoing fight has pitted First Amendment religious rights against the government’s ability to regulate land use.
    Church officials claimed the county would violate the federal Religious Land Use and Institutionalized Persons Act of 2000 if their request was rejected. The law allows religious groups to challenge adverse land-use decisions on the basis of discrimination.
    David Hunnicutt, attorney representing the church, told The Oregonian that the law is very clear, and there was no other decision the county could make.    He said prohibiting a church while allowing a secular use, such as a community center, would be discriminatory and violate free-speech rights.
    The farmland acquired by the church is zoned for exclusive farm use, and development is limited to a handful of uses such as wineries, farmworker housing, and rural community centers. Hunnicutt said the latest decision sets a narrow precedent because it applies only to churches in predominantly rural areas.
    This dispute began in 2002 when the church wanted to build on farmland outside of Molalla after it outgrew its present facilities. County commissioners approved the land-use request in 2003, but the county’s land-use hearings officer overruled, citing a state rule barring the church from building on prime farmland.
    Church officials appealed the decision to the Oregon Court of Appeals in March 2004. In response to the Molalla case, the Oregon House voted 33-24 in June 2005 for House Bill 3474 that would exempt religious institutions from many zoning regulations. But it faced difficult prospects in the state Senate.
    In this latest round, one county commissioner, Martha Schrader, opposed the request, saying the church could have found a suitable site within the urban-growth boundary. She added that the county’s regulations are not discriminatory.
    Land-use watchdog groups such as 1000 Friends of Oregon, and local residents, are waiting to see what the final written decision says before appealing the latest ruling by the county commissioners.
    1000 Friends appealed the county’s previous approval to the state land-use board, which found errors in the county’s decision and sent it back to Clackamas County.
    Meanwhile, Molalla Christian Church officials are eager to get on with building their new complex along Highway 213. Hunnicutt said his clients are tired of the litigation.
    In a similar case in West Linn involving the Mormon Church and the federal law, the Oregon Supreme Court upheld that city’s 2003 decision to turn down the church’s plans for a new building. The church intends to reapply to the city.