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RUBIN v. CITY OF BURBANK

No. B148288.

124 Cal.Rptr.2d 867 (2002)

101 Cal.App.4th 1194

Irv RUBIN et al., Plaintiffs and Respondents, v. CITY OF BURBANK, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

As Modified on Denial of Rehearing October 7, 2002.

Review Denied December 18, 2002.

Certiorari Denied May 19, 2003.

Attorney(s) appearing for the Case

Dennis A. Barlow, City Attorney and Juli C. Scott, Chief Assistant City Attorney for Defendant and Appellant.

John L. Gordon, Stuart J. Roth, David A. Cortman, Lawrenceville, GA, Gregory N. Bryl and American Center for Law and Justice for Mayor Margaret Clark, Zane Han, Gary Clark, Joe Velasquez and Ricardo Quevedo as Amici Curiae on behalf of Defendant and Appellant.

Richards, Watson & Gershon, T. Peter Pierce, Los Angeles, Amy Greyson, Brea, and Carrie H. Ahn, Los Angeles, for Thirty-Four California Cities as Amici Curiae on behalf of Defendant and Appellant.

Roger Jon Diamond, Santa Monica, for Plaintiffs and Respondents.

Edward Tabash, Beverly Hills, for Council for Secular Humanism as Amicus Curiae on behalf of Plaintiffs and Respondents.

Certiorari Denied May 19, 2003. See 123 S.Ct. 2091.

DOI TODD, J.

Objecting to an invocation given at a Burbank City Council meeting which ended with an expression of gratitude and love "in the name of Jesus Christ," plaintiffs sought and were granted injunctive and declaratory relief against the City. The trial court ruled that the inclusion of "sectarian prayer" in city council meetings violated the Establishment Clause of the United States Constitution and...

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