HAWLEY v. CITY OF CLEVELAND

No. 84-3458.

773 F.2d 736 (1985)

Jane HAWLEY; Lucille Branch; David Finley; Eileen Roberts; and William James, Plaintiffs-Appellants, v. CITY OF CLEVELAND; George F. Doughty, Director of Port Control; Catholic Diocese of Cleveland; Bishop Anthony M. Pilla, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1985.


Attorney(s) appearing for the Case

Joshua Kancelbaum (argued), Anne W. Lindsay, Lester Potash, Cleveland, Ohio, Eliot J. Katz, Chagrin Falls, Ohio, Gordon J. Beggs, Gail White, American Civil Liberties Union of Cleveland Foundation, Inc., Cleveland, Ohio, for plaintiffs-appellants.

Edward J. Maher (argued), Robert M. Wolff (argued), Mark J. Valponi, Douglas J. Paul, Chattman, Garfield, Friedlander & Paul, Cleveland, Ohio, for defendants-appellees.

Before MARTIN and WELLFORD, Circuit Judges, and PECK, Senior Circuit Judge.


JOHN W. PECK, Senior Circuit Judge.

This is a first amendment case, involving the application of the first amendment's Establishment Clause (as made applicable to the states through the fourteenth amendment) to the leasing of space in an airport to a church for use as a chapel. Appellants, taxpayers in the City of Cleveland, filed suit in the district court seeking to enjoin such a lease by the City's Department of Port Control ("Port Control") to the Catholic Diocese...

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