TREE OF LIFE v. CITY OF UPPER ARLINGTON

No. 14-3469.

823 F.3d 365 (2016)

TREE OF LIFE CHRISTIAN SCHOOLS, Plaintiff-Appellant, v. CITY OF UPPER ARLINGTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2016.


Attorney(s) appearing for the Case

ARGUED: Erik W. Stanley , Alliance Defending Freedom, Scottsdale, Arizona, for Appellant. Mark D. Landes , Isaac, Wiles, Burkholder & Teetor, Columbus, Ohio, for Appellee. ON BRIEF: Erik W. Stanley , Alliance Defending Freedom, Scottsdale, Arizona, Philip Gerth , Daniel J. Skinner , Todd A. Fichtenberg , Gerth & Skinner, LLC, Columbus, Ohio, for Appellant. Mark D. Landes , Craig R. Mayton , Scyld D. Anderson , Isaac, Wiles, Burkholder & Teetor, Columbus, Ohio, for Appellee. Philip K. Hartman , Yazan S. Ashrawi , Frost Brown Todd, LLC, Columbus, Ohio, James C. Becker , Columbus, Ohio, for Amici Curiae.

BOGGS, J., delivered the opinion of the court in which SUHRHEINRICH, J., joined, and WHITE, J., joined in part. WHITE, J. (pp. 373-82), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Defendant-Appellee Upper Arlington (the government), a suburb of Columbus, Ohio, regulated the use of land owned by Plaintiff-Appellant Tree of Life Christian Schools (TOL Christian Schools). As a result of this regulation, TOL Christian Schools could not use its land to operate a religious school. TOL Christian...

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