Oral arguments scheduled to start October 23 as Portland-area church attempts to move forward with expansion plans previously approved, but later denied, by Clackamas County

Media Contact: Barbara Fornasiero; EAFocus Communications; barbara@eafocus.com; 248.260.8466

Detroit —October 21, 2025 —-The two-day PDX crusade in August 2025 drew thousands of attendees to the Moda Center in Portland, Oregon. The event’s significance lies not only in Oregon’s largely secular culture, but also because it was organized locally by Athey Creek Christian Fellowship, which is currently contesting Clackamas County’s efforts to block its phased-in church expansion – an expansion that had been previously approved twice by the county. Athey Creek’s lead attorney, Daniel Dalton, a founding partner of Michigan-based Dalton & Tomich and a recognized expert on the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), states that the church can attract tax revenue for religious events yet faces discrimination in zoning laws that prevent it from expanding its worship activities. Oral arguments in the case, aiming to overturn the district court’s 2023 dismissal, are scheduled for October 23, 2025, at the Portland courthouse of the Ninth Circuit Court of Appeals.

“Thousands of Christians can gather at a Portland basketball arena, but they cannot attend the host’s church as easily as they would like because Oregon’s statewide zoning laws are anti-church,” Dalton said. “I have litigated religious land use cases in almost every state, and the toughest fight is in Oregon, with its blatant disregard of the federal legal protections under RLUIPA that cover all faith-based organizations. We are ready to change that as we seek to overturn the district court’s appeal dismissal and put Athey Creek Christian Fellowship back on track for phase two of its expansion.”

Background

In 2006, Clackamas County approved a conditional use permit (CUP) expansion plan for Athey Creek Christian Fellowship, which is based in the Portland suburb of West Linn, to expand its facilities on church property. At that time, the county assured the church that its phased development approach was acceptable. The first phase was completed in 2015 after some unexpected delays, including the recession. After the pandemic, the church attempted to begin phase two in 2022, but was then told by the county that it could not proceed and had to file for a new CUP.

“The county explicitly reassured the Church twice that it could still go forward with its plans to build phase two, both before and after the phase one development was completed. ‘No additional land use review is required,’ county officials said. Under the county’s then-existing rules, churches had to apply for conditional use permits, but other similarly situated organizations didn’t—they could build freely without them,” Dalton said. “This is discrimination, a violation most obviously of RLUIPA’s equal-terms provision. And that, along with the other burdens imposed on the church by the county, also violate RLUIPA’s substantial-burden provisions and the federal and state constitutions.”

Dalton adds that the district court improperly concluded that the church is barred by the statute of limitations. However, even if the statute of limitations defense were valid, Dalton argues, RLUIPA’s equal terms clause is not affected by the statute of limitations. Meanwhile, Athey Creek Christian Fellowship, which did not seek any new considerations for phase two, has spent $2.3 million on improving county roads and infrastructure as required under the 2006 CUP.

“Clackamas County received the quid, but Athey Creek Christian Fellowship didn’t get the quo,” Dalton said. “Besides infrastructure investments, the church will pay millions more for financing and construction costs caused by the delay – all of which the church must cover due to the county’s actions—driven solely by their dislike of religious organizations. Clearly, a significant burden has been established.”

As a result of this lawsuit, the county updated its rules in 2023 to no longer require churches in certain zones to obtain additional CUPs. However, the law states that voluntary cessation does not alter the damages claim; furthermore, even if the church reapplies for a permit, it would still be entitled to compensation for the previous denial.

“RLUIPA is a federal law that provides clear protections for how faith-based organizations can use their property to support their mission. It is not a suggestion for counties to follow based on their religious tolerance or intolerance,” Dalton said.

About Dalton & Tomich

Detroit-based Dalton & Tomich PLC is a versatile law firm representing property owners in site plan approvals, zoning appeals and land use disputes involving zoning, easements, boundary line disputes and access to water. The firm also works with lending institutions, privately held businesses, and nonprofits, often in a general counsel capacity. Further, serving as a partner to religious organizations, Dalton & Tomich is a national leader in religious property law land use, notably with cases related to the Religious Land Use and Institutionalized Persons Act (RLUIPA) and denominational splits. Learn more about our services for businesses and religious organizations at https://www.daltontomich.com/.

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