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CORNERSTONE BIBLE CHURCH v. CITY OF HASTINGS

No. 90-5347.

948 F.2d 464 (1991)

CORNERSTONE BIBLE CHURCH, James Bzoskie, Appellants, v. CITY OF HASTINGS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1991.

Attorney(s) appearing for the Case

Jordan Lorence, Washington, D.C., argued (Cimron Campbell, Mark N. Troobnick and Jane E. Hadro, Washington, D.C., and Wendell R. Bird, Atlanta, Ga., on brief), for appellants.

Barbara J. Hoekstra, Hastings, Minn., argued (James M. Hamilton and George L. May, Hastings, Minn., on brief), for appellee.

Before LAY, Chief Judge, McMILLIAN and ARNOLD, Circuit Judges.

LAY, Chief Judge.

Cornerstone Bible Church (Church) and its pastor, James Bzoskie, appeal the district court's grant of summary judgment in favor of the City of Hastings, Minnesota. The suit arose from enforcement of a zoning ordinance restricting the location of the Church from the town's central business district. Upon review we affirm in part, reverse in part, and remand for trial.

I.

The City of Hastings (City) is the second oldest city in the...

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