FIRST UNITARIAN CHURCH OF SALT LAKE v. SALT LAKE

No. 01-4111.

308 F.3d 1114 (2002)

FIRST UNITARIAN CHURCH OF SALT LAKE CITY; Utahns for Fairness; Utah National Organization for Women; Craig S. Axford, Plaintiffs-Appellants, v. SALT LAKE CITY CORPORATION, a municipal corporation, Defendant-Appellee, Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, Defendant-Intervenor-Appellee, Association of Christian Schools International; Colorado Baptist General Convention; Colorado Catholic Conference; Community of Christ; Diocese of Colorado; Evangelical Lutheran Church in America; First Church of Christ, Scientist; General Conference of Seventh-Day Adventists; Islamic Society of Colorado Springs; Mid-America Union Conference of Seventh-Day Adventists; the Navigators; Rocky Mountain Conference of Seventh-Day Adventists; the Evangelical Covenant Church; the General Council on Finance and Administration of the United Methodist Church; Worldwide Church of God; Sutherland Institute; International Municipal Lawyers Association; National League of Cities; National Association of Counties; and Utah Association of Counties, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 9, 2002.


Attorney(s) appearing for the Case

Mark Lopez, American Civil Liberties Union Foundation, Inc., New York, N.Y. (Stephen C. Clark, American Civil Liberties Union of Utah Foundation, Inc., Salt Lake City, UT, with him on the briefs), for Plaintiffs-Appellants.

Roger F. Cutler (Steven W. Allred, Lynn H. Pace, and Boyd A. Ferguson, with him on the brief), Salt Lake City, UT, for Defendant-Appellee.

Von G. Keetch (Alexander Dushku, with him on the brief), Kirton & McConkie, Salt Lake City, UT, for Defendant-Intervenor-Appellee.

Before SEYMOUR, McWILLIAMS and HENRY, Circuit Judges.


SEYMOUR, Circuit Judge.

Plaintiffs brought this action under 42 U.S.C. § 1983 challenging on First Amendment grounds the prohibition of expressive activity by Salt Lake City on a public pedestrian easement retained by the City after the sale of a portion of a downtown public street to a religious organization. The district court granted summary judgment to defendant. First Unitarian Church of Salt Lake v. Salt Lake City Corp., 146 F...

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