Judge James Moelk on Monday issued a tentative ruling in favor of the county's refusal to grant lawful permits to the Sikh temple on the parcel between Interstate 80 to the south and Rockville Road to the north. On Tuesday, Napa attorney Dave Meyers, representing the Sikhs, requested a hearing on the ruling. After hearing arguments from both sides, Moelk said he would consider them and issue a ruling within the week. Meyers had argued the case violates his clients' First Amendment rights. ''We sincerely believe the county had no right to do what it did,'' said Meyers after Tuesday's court proceedings. At issue in the case before Moelk is whether the Sikhs will have an alternative for their temple if denied the Rockville site.
All churches are subject to land-use constraints.
And Getty repudiated that the Sikhs, if denied the Rockville site, have no alternatives. There are definitely alternatives. More than two years ago, the supervisors denied the Sikhs' use of the land, stating the temple would be inconsistent with the county's general plan, which reserves agricultural areas for agricultural use. In December, Solano County Superior Court Judge Dwight Ely issued a temporary restraining order preventing use of the building with an exception for religious assembly. Building code violations make the structure unsafe, said Getty, and the kitchen cannot be used.