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EHLERS-RENZI v. CONNELLY SCHOOL OF THE HOLY CHILD

No. 99-2352.

224 F.3d 283 (2000)

Birgit EHLERS-RENZI; Vincent Renzi, Plaintiffs-Appellees, v. CONNELLY SCHOOL OF THE HOLY CHILD, INCORPORATED, Defendant-Appellant. The American Jewish Congress; The Becket Fund for Religious Liberty; The Convention of the Protestant Episcopal Church of the Diocese of Washington; General Conference Corporation of Seventh-Day Adventists; National Jewish Commission on Law and Public Policy; The Roman Catholic Archdiocese of Washington; Union of Orthodox Jewish Congregation of America; American Civil Liberties Union of Maryland; American Civil Liberties Union of the National Capital Area, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: August 14, 2000

Attorney(s) appearing for the Case

ARGUED: John G. Roberts, Jr., Hogan & Hartson, L.L.P., Washington, D.C., for Appellant. Vincent D. Renzi, Potomac, Maryland, for Appellees. ON BRIEF: Gregory G. Garre, Hogan & Hartson, L.L.P., Washington, D.C.; William K. Wilburn, Sara Beiro Farabow, Seyfarth, Shaw, Fairweather & Geraldson, Washington, D.C., for Appellant. Kevin J. Hasson, Eric W. Treene, Roman P. Storzer, The Becket Fund for Religious Liberty, Washington, D.C., for Amici Curiae American Jewish Congress, et al. Arthur B. Spitzer, American Civil Liberties Union of the National Capital Area, Washington, D.C.; Dwight H. Sullivan, American Civil Liberties Union of Maryland, Baltimore, Maryland, for Amici Curiae Unions.

Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Birgit Ehlers-Renzi and her husband, Vincent Renzi, Montgomery County, Maryland, homeowners who live across from a Roman Catholic school which is constructing improvements and additions to the school without obtaining a "special exception," challenge the constitutionality of Montgomery...

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