In 1997, St. Paul’s Lutheran Church (“Church”) purchased lan…
In 1997, St. Paul’s Lutheran Church (“Church”) purchased land on which it operated a campground, known as “Pauland,” as a retreat and recreational center for children. The land is located in a canyon in the Eldorado National Forest. In 2019, a fire burned more than 40,000 acres of the Forest, decimating the forest landscapes, severely damaging public and private infrastructure, and allowing invasive vegetation to take hold. The fire completely destroyed Pauland’s buildings. In response to the fire, Placer County adopted a “Fire Protection Ordinance” prohibiting the construction or reconstruction of any building or structure in an interim fire protection area, which included the land on which Pauland’s buildings had stood. The Ordinance was effective immediately, based on the County’s determination that it was “necessary for the immediate preservation of the public health and safety and for restoration of the landscape.” Due to the frequent occurrence of wildfires in the area, the County re-adopted the Ordinance in each successive year. As a result, Church had not been allowed to reconstruct Pauland’s buildings on the land. In 2024, Church filed suit, alleging that “the County’s Ordinance denies Church all use of Pauland” and seeking damages for that deprivation. Analyze whether Church’s challenge will be successful.
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