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BRASHICH v. PORT AUTHORITY OF N.Y. AND N.J.

No. 1090, Docket 80-7017.

791 F.2d 224 (1980)

Deyan Ranko BRASHICH, Plaintiff-Appellant, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Alan Sagner, and John Doe # 1 through # 10 Inclusive, Names Being Fictitious But to be Supplied at Completion of Discovery; Roman Catholic Church of Our Lady of the Skies; the Council of Churches of the City of New York, Inc., and the International Synagogue and Jewish Center, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 28, 1980.

Attorney(s) appearing for the Case

Deyan Ranko Brashich, New York City (Jay D. Hashmall, Brashich and Finley, New York City; Edith Blumberg, New York City; Lee Boothby, Americans United for Separation of Church and State Fund, Berrier Springs, Md., of counsel), for plaintiff-appellant.

Arthur P. Berg, New York City (Patrick J. Falvey, Milton H. Pachter, Sholem Friedman, Jay A. Selcov, New York City, of counsel), for defendants-appellees Port Authority of New York and New Jersey and Alan Sagner.

Mitchell Salem Fisher, New York City (Kenneth D. Kemper, Ellen C. Kozminsky, Mitchell Salem Fisher & Kemper, New York City, of counsel), for defendant-appellee Intern. Synagogue and Jewish Center, Inc.

John H. Kearney, Brooklyn, N.Y. (Denis M. Hurley, Kevin M. Kearney, Richard J. Cea, Hurley, Kearney & Lane, Brooklyn, N.Y., of counsel), for defendant-appellee Roman Catholic Chapel of Our Lady of the Skies at John F. Kennedy International Airport.

George M. Duff, Jr., New York City (Holtzmann, Wise & Shepard, New York City, of counsel), for defendant-appellee Council of Churches of the City of New York, Inc.

Before KAUFMAN, Chief Judge, OAKES, Circuit Judge, and TENNEY, District Judge.

PER CURIAM:

Deyan Brashich's trial before Judge Pierce ended in dismissal of his complaint on the merits and for lack of standing to sue. Brashich brought this suit to challenge the leasing of land at JFK Airport to three religious groups, for the purpose of constructing chapels. He claimed that the Port Authority of New York and New Jersey, which operates the airport, subsidizes the chapels in numerous ways, and that in any case, the erection of denominational houses...

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