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CONCERNED CITIZENS OF CARDEROCK v. HUBBARD

No. CIV. AMD 99-3266.

84 F.Supp.2d 668 (2000)

CONCERNED CITIZENS OF CARDEROCK and Jack Anderson, Plaintiffs, v. Robert C. HUBBARD and Adat Shalom Reconstructionist Congregation, Defendants.

United States District Court, D. Maryland.

February 1, 2000.

Attorney(s) appearing for the Case

Stanley D. Abrams, Cathy Greenebaum Borten, Stanley, West & Storm, Bethesda, MD, Kevin N. Anderson, Salt Lake City, UT, for plaintiff.

Marc P. Hansen, Charles W. Thompson, Jr., Edward Barry Lattner, Clifford L. Royalty, Montgomery County Attorney's Office, Rockville, MD, for Robert C. Hubbard, defendant.

Jay P. Lefkowitz, Brett M. Kavanaugh, John F. Wood, Traci L. Jones, Laura Bach, Kirkland & Ellis, Washington, DC, for Adat Shalom Reconstructionist Congregation, defendant.

MEMORANDUM

DAVIS, District Judge.

This is an Establishment Clause challenge to the constitutionality of a Montgomery County zoning ordinance.1 Specifically, plaintiffs allege that Montgomery County Code, Chapter 59 (the "Ordinance"), amounts to an impermissible endorsement of religion because it designates "churches ... and other places of worship" as "permitted uses" within areas zoned for single-family residential use, and...

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