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LIGHTHOUSE INSTITUTE FOR EVANGELISM v. LONG BRANCH

No. 06-1319.

510 F.3d 253 (2007)

The LIGHTHOUSE INSTITUTE FOR EVANGELISM, INC., doing business as The Lighthouse Mission; Reverend Kevin Brown, Appellants v. CITY OF LONG BRANCH; BCIC Funding Corp; Breen Capital Services, Inc.; Abrams Gratta & Falvo, P.C.; Peter S. Falvo, Esq.; John Does A-Z; Eugene M. Lavergne, Esq.

United States Court of Appeals, Third Circuit.

Opinion Filed November 27, 2007.

Attorney(s) appearing for the Case

Derek L. Gaubatz, Esquire, (Argued), Anthony R. Picarello, Jr., Esquire, Lori Halstead, Esquire, The Becket Fund for Religious Liberty, Washington, D.C., Michael S. Kasanoff, Esquire, Red Bank, NJ, for Appellants.

Audrey J. Copeland, Esquire, (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, King of Prussia, PA, Howard B. Mankoff, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, Roseland, NJ, for Appellees.

Wan J. Kim, Esquire, (Argued), Assistant Attorney General, Civil Rights Division, Jessica Dunsay Silver, Esquire, Nathaniel S. Pollock, Esquire, United States Department of Justice, Civil Rights Division, Appellant Section, Washington, D.C., for Amicus-Appellant USA.

Paul J. Zidlicky, Esquire, David S. Petron, Esquire, Jason C.R. Oraker, Esquire, Jeffrey I. Shulman, Esquire, Sidley Austin LLP, Washington, D.C., for Amicus-Appellants Association of Christian Schools and International and General Conference of Seventh-Day Adventists.

Before: FISHER, JORDAN and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This appeal requires us to clarify the nature of the constitutional and statutory protections enjoyed by religious assemblies against governmental interference in the form of land-use regulations. The plaintiff/appellants are the Lighthouse Institute for Evangelism, which describes itself as "a Christian church that seeks to minister to the poor and disadvantaged in downtown Long Branch, New Jersey," and its pastor, the Reverend...

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