United States District Court for the District of Oregon

“ The defendants next move the court to reconsider its earlier denial of the motion to dismiss the State of Oregon's claim. The thrust of defendants' argument is that this court undervalued the potential harm to defendants' first amendment rights if the City of Rajneeshpuram is declared invalid because the court failed to take into account certain land use implications of the invalidation. If the City of Rajneeshpuram is declared invalid as a city, defendants argue that the state land use laws will no longer permit substantial, urban-type development at the site of the City. ”