Anchor Stone Chinese and Taiwanese-American Church

Anchor Stone is a Chinese and Taiwanese-American Christian church that endeavors to spread the gospel to other first-generation Taiwanese -Americans in Santa Ana and throughout Orange County. Since its inception in 2018, the church has grown from an in-home prayer group to a larger congregation needing additional space.

Prior to purchasing a property to hold their religious services, Anchor Stone met with the City’s Planning and Building Agency to discuss whether Anchor Stone could use the Property as an office and church campus for worship services. During the meeting, the church leaders made it clear to city officials that the property was located in a professional district which would require a conditional use permit (CUP). The city assured them there would be no obstacles for using the property for their intended purpose so they proceeded with the purchase.

After the church closed on the property, the city rejected Anchor Stone’s CUP—a complete reversal from what they had been told during the initial meetings.

Anchor Stone appealed this decision to the Planning Commission, citing the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”). The Commission rejected the appeal, asserting that “assembly” was not permitted in the area and that RLUIPA was “outside the scope” of the inquiry.

Since the denial, the property has been vacant for two years and the church has been unable to renovate or hold worship services in it.  Because of this, the church has suffered monetary damage to date, in the amount of at least $575,000.

In February, First Liberty Institute and the law firm O’Melveny & Myers LLP, filed a federal lawsuit seeking a preliminary injunction against the City of Santa Ana and the Santa Ana City Council for their violation of the First Amendment and RLUIPA.

After a March hearing where attorneys from the U.S. Department of Justices joined the fight on behalf of Anchor Stone, United States District Court Judge John W. Holcomb ordered the city of Santa Ana, California to stop its discriminatory actions that for two years prevented Anchor Stone church from using its facilities for religious services.  DOJ submitted a statement of interest in the case earlier in the month.

In his 30-page opinion, Judge Holcomb said, “the City’s Zoning Ordinance treats religious assembly less favorably than . . . other uses.”  He went on to state that “[t]he City’s stated reasons for denying Anchor Stone’s [conditional use permit] application are . . . either arbitrary or, worse, pretextual.”

Then in August, The City and Anchor Stone reached a settlement allowing the church to use its facilities for religious services. The City also agreed to pay Anchor Stone $640,000, waive certain fees, and expedite approvals and permits necessary for the church to use its building.

“Anchor Stone Church simply wants to be able to use its property as always planned: as a church,” said Ryan Gardner, Senior Counsel for First Liberty Institute. “We are grateful that the city’s agreement will ensure that the church can proceed with remodeling the facility it needs to serve the community.”

Timothy Durst, partner at O’Melveny & Myers said, “The First Amendment and federal law protect the right of churches to operate free from unreasonable and intrusive government interference. The Court’s preliminary injunction and now this settlement unshackle Anchor Stone to move forward with the long-planned next steps for their congregation. We appreciate the willingness of the city lawyers and staff to work with us in settling this dispute.”