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MOUNT ELLIOTT CEMETERY ASS'N v. CITY OF TROY

No. 97-2146.

171 F.3d 398 (1999)

MOUNT ELLIOTT CEMETERY ASSOCIATION, Plaintiff-Appellant, v. CITY OF TROY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Joseph F. Galvin (argued and briefed), Miller, Canfield, Paddock & Stone, Detroit, Michigan, Thomas J. McCarthy (briefed), Monaghan, LoPrete, McDonald, Yakima & Grenke, Bloomfield Hills, Michigan, for Plaintiff-Appellant.

Joseph Aviv (argued and briefed), Matthew F. Leitman (briefed), Bruce L. Segal (briefed), Miro, Weiner & Kramer, Bloomfield Hills, Michigan, for Defendant-Appellee.

Before: MERRITT, GUY, and MOORE, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiff, Mount Elliott Cemetery Association, appeals from the entry of summary judgment in favor of defendant, the City of Troy (City), in this action to challenge the City Council's refusal to rezone certain property for use as a Catholic cemetery. Plaintiff alleges that the denial of the zoning request violated the right to free exercise of religion and denied it equal protection as guaranteed by the United States...

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