Margaret BOYAJIAN, Charles Counselman and Jean Dickinson, Plaintiffs, Appellants,
v.
Thomas GATZUNIS, Building Inspector of the Town of Belmont; John W. Gahan III; as Member of the Zoning Board of Appeals of the Town of Belmont; William D. Chin, as Member of the Zoning Board of Appeals of the Town of Belmont; Thomas P. Callahan, Jr., as Member of the Zoning Board of Appeals of the Town of Belmont; Carlo Tagariello, as Member of the Zoning Board of Appeals of the Town of Belmont; Anthony Leccese, as Member of the Zoning Board of Appeals of the Town of Belmont; James D. Harrington, as Member of the Zoning Board of Appeals of the Town of Belmont; Charles H. Reardon, as Member of the Zoning Board of Appeals of the Town of Belmont; Karl Tobiason, as Member of the Zoning Board of Appeals of the Town of Belmont; Corporation of the Presiding Bishop of the Church of Latter Day Saints; Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 3, 2000.
Decided May 2, 2000.
Attorney(s) appearing for the Case
G. Michael Peirce, with whom Mofenson & Nicoletti, Mark A. White, R. Keith Partlow and O'Brien, Partlow & White, P.C. were on brief, for appellants.
Paul Killeen, with whom Edward J. Naughton, Daniel K. Hampton and Holland & Knight LLP were on brief, for appellee Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints.
David C. Hawkins and Morrissey & Hawkins for appellee Town of Belmont.
Thomas F. Reilly, Attorney General of Massachusetts and LaDonna J. Hatton, Assistant Attorney General, on brief for Commonwealth of Massachusetts, amicus curiae.
James O. Fleckner, Mark A. Michelson, P.C. and Choate, Hall & Stewart on brief for American Jewish Congress, amicus curiae.
Wilson D. Rogers, Jr., Law Offices of Wilson D. Rogers, Jr., P.C., Frederic J. Torphy, James F. Cosgrove, Cosgrove, O'Connell & Blatt John J. Egan, Egan, Flanagan & Cohen, P.C. and Gerald D'Avolio on brief for the Roman Catholic Archbishop of Boston, the Roman Catholic Bishop of Fall River, the Roman Catholic Bishop of Worcester, the Roman Catholic Bishop of Springfield and the Massachusetts Catholic Conference, amici curiae.
Gerald J. Caruso, Ferriter Scobbo Caruso & Rodophele PC, Devra G. Bailin and Urbelis, Fieldsteel & Bailin LLP on brief for American Baptist Churches of Massachusetts, American Baptist Churches in the USA, Baptist General Conference, Baptist Joint Committee, Evangelical Covenant Church, Evangelical Lutheran Church in America, General Conference of Seventh-Day Adventists, General Counsel on Finance and Administration of the United Methodist Church, Presbyterian Church (U.S.A.), Reorganized Church of Jesus Christ of Latter Day Saints, United House of Prayer for all People of the Church on the Rock of the Apostolic Faith, Worldwide Church of God and the First Church of Christ, Scientist, amici curiae.
Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.
United States Court of Appeals, First Circuit.
COFFIN, Senior Circuit Judge.
This case involves a constitutional challenge under the Establishment Clause of the First Amendment to a state law and a town ordinance that prohibit municipal authorities from excluding religious uses of property from any zoning area. It is brought by a group of residents of Belmont, Massachusetts, against Belmont officials and the Church of Jesus Christ of Latter-Day Saints, challenging the construction of a large temple on the edge...
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