THIRY v. CARLSON


78 F.3d 1491 (1996)

Marc THIRY, Diane De Fries Thiry, and John D. De Fries Trust, Plaintiffs-Appellants, v. E. Dean CARLSON, Kansas Secretary of Transportation; Kansas State Department of Transportation; City of Basehor, Kansas; City of Tonganoxie, Kansas; and County of Leavenworth, Kansas, Defendants-Appellees, and United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 17, 1996.


Attorney(s) appearing for the Case

Theodore James Lickteig, Lenexa, Kansas, for Plaintiffs-Appellants.

Michael J. Davis, Stinson, Mag & Fizzell, P.C., Kansas City, Missouri (Michael B. Rees, Office of Chief Counsel, Kansas Department of Transportation, Topeka, Kansas, with him on the brief), for Defendants-Appellees.

Before ANDERSON, McKAY, and JONES, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

The central question in this case is whether the plaintiffs' rights under the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb-1 to -4 ("RFRA"), would be violated if a parcel of their property containing the grave of their stillborn daughter is taken for public highway purposes, necessitating the relocation of the gravesite. Two related questions under 42 U.S.C. § 1983 are whether this condemnation action...

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