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MESSIAH BAPTIST CHURCH v. CTY. OF JEFFERSON, COLO.

No. 87-1634.

859 F.2d 820 (1988)

MESSIAH BAPTIST CHURCH, a Colorado non-profit corporation; Thom Moore; Ardel Moore; Donna L. Nive; and Jess Paulsen, Plaintiffs-Appellants, v. The COUNTY OF JEFFERSON, STATE OF COLORADO, the Board of County Commissioners of the County of Jefferson, State of Colorado; Hal Anderson, Bob Clement, and James Martin, not individually but as members of the Board of County Commissioners of the County of Jefferson, State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 6, 1988.

Attorney(s) appearing for the Case

Ronald S. Loser (J. Scott Needham, with him on the briefs), of Loser, Davies, Magoon & Fitzgerald, P.C., Denver, Colo., for plaintiffs-appellants.

Gay B. Ummel (Patrick R. Mahan, Co. Atty., with her on the briefs), Asst. County Atty, Golden, Colo., for defendants-appellees.

Before McKAY, TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

The Messiah Baptist Church and various individuals representing a class ("Church") filed an action for damages under 42 U.S.C. § 1983 against Jefferson County, Colorado, and its Board of Commissioners ("County"). The Church contends the zoning regulations enacted by the County are facially unconstitutional under the Due Process Clause of the Fourteenth Amendment and the Free Exercise Clause of the First Amendment. The Church also contends...

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