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Zoning Bulletin September 10, 2011 I Volume 5 1 No. 17 <br />office or prison—] would have the same practical effect as a church of <br />blighting a potential block of bars and nightclubs." <br />The court concluded that the City Code provision violated RLUIPA's <br />equal terms provision because: it required religious assemblies to obtain <br />a CUP and did not require similarly situated secular membership assem- <br />blies to do the same. <br />The court remanded the matter to the district court to adjudicate the <br />Church's claim to damages. <br />See also: Lighthouse Institute for Evangelism, Inc. v. City of Long <br />Branch, 510 F.3d 253 (3d Cir. 2007). <br />See also: River of Life Kingdom Ministries v. Village of Hazel Crest, <br />611 E3d.367 (7th Cir. 2010). <br />Case Note: In its decision, the court noted that RLUIPA's equal <br />terms provision did not necessarily require that "anything allowable <br />for any institution ... be allowed for a church." Again, the court re- <br />iterated that a distinction in the treatment of churches and nonreli- <br />gious assemblies may be based on "accepted zoning criteria." <br />Housing Discrimination —City Enacts Ordinances <br />Forbidding Conversion of Mobile Home Park <br />from "Senior -Only" to "All -Age" <br />Park owners charge ordinances violate the Fair Housing Act <br />Citation: Waterhouse v. City of American Canyon, 2011 WL 2197977 <br />(N.D. Cal. 2011) <br />CALIFORNIA (06/06/11)—This case addressed the issue of whether a <br />city ordinance creating a "Senior Mobile Home Park Overlay Zone" vio- <br />lated the Fair Housing Act by discriminating against non -seniors based <br />on familial status. <br />The Background/Facts: Ken Waterhouse, Ron Ubaldi, Napa Olympia <br />I, LLC, Waterhouse Management, Inc., and Napa Olympia (collective- <br />ly, "Waterhouse") assumed ownership of a 201-unit mobile home park <br />(the "Park") in the City of American Canyon (the "City") in May 2005. <br />Prior to Waterhouse's ownership, the Park rules defined the Park as "a <br />park for older person[s], 55 years & older," with "at least 85% of the <br />households within the Park [to] be occupied by at least one person age <br />55 years or older." When Waterhouse purchased the Park, it conducted <br />due diligence to ensure the Park was complying with, among other laws, <br />the federal Fair Housing Act ("FHA"). <br />© 2011 Thomson Reuters 5 <br />