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10-18-2002, 11:43 AM | #1 |
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3rd circuit upholds zoning exclusion of religious institutions
From the newswire:
<a href="http://www.washingtonpost.com/wp-dyn/articles/A38530-2002Oct17.html" target="_blank">Court OKs Church, Temple Ban in Towns </a> The decision is <a href="http://caselaw.lp.findlaw.com/data2/circs/3rd/013077p.pdf" target="_blank">here</a> (pdf file requires Acrobat reader). The case was argued and won in the lower court on Equal Protection, and the congregation, represented by <a href="http://becketfund.org" target="_blank">The Beckett Fund</a>, lost on that issue in the Court of Appeals. The case was remanded, and they will still be able to raise other arguments. But the opinion does not appear to be favorable to their case on any basis (there is no evidence of anti-religious animus, there are alternative locations for the religious center.) |
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