DEVELOPING: Lawsuit Filed Against City of Elk Grove by Sheldon Homeowners

UPDATED 10:30 PM

The Greater Sheldon Road Estates Howeowners Association (GSREHA) filed a lawsuit yesterday against the City of Elk Grove in Sacramento Superior Court.

The lawsuit challenges the January 27, 2010 decision of the Elk Grove City Council to grant a conditional permit use for the Sacramento Diocese for the St. Maria Goretti parish. Along with the city, the lawsuit also names Sacramento Diocese, Robert M. Saini, Alice Tidwell and Comstock Johnson Architects.

The lawsuit asserts that in granting the conditional use permit, the city did not follow it's general plan in violation of government code section 65860 that require zoning to be consistent with the general plan. The plaintiffs charge the size and scope of the church's operation are inconsistent with the general plan of the area which is zoned for residential-agricultural use.

The suit says "As approved the project is inconsistent with the City of Elk Grove's General Plan. The Project is inconsistent with the General Plan policy requirement preserving the character of the Rural Residential area of the City."

The decision to grant the use permit was a highly charged issue that saw residents near the proposed church pitted against a well organized faith-based group who framed the issue as a matter of religious freedom. At one meeting, the Diocese's attorney William Sweeneny referred to opponents of the project as a "tolerant mob."

EGN is seeking comment from the plaintiffs and proponents of the parish.

DEVELOPING