MIDRASH SEPHARDI, INC. v. TOWN OF SURFSIDE

No. 03-13858.

366 F.3d 1214 (2004)

MIDRASH SEPHARDI, INC., Young Israel of Bal Harbor, Inc., Plaintiffs-Counter-Defendants-Appellants, v. TOWN OF SURFSIDE, a Florida Municipal Corporation, Defendant-Counter-Claimant-Appellee, Paul Novack, Individually and in his capacity as Mayor of the Town of Surfside, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

April 21, 2004.


Attorney(s) appearing for the Case

Nathan Lewin, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC, Washington, DC, Simon Schwarz, Miami, FL, for Plaintiffs-Counter-Defendants-Appellants.

Beverly A. Pohl, Bruce Rogow, Bruce S. Rogow, P.A., Ft. Lauderdale, FL, Steven D. Ginsburg, Natalie J. Carlos, Adorno & Yoss, P.A., Miami, FL, for Town of Surfside.

Derek L. Gaubatz, Washington, DC, for Becket Fund for Religious Liberty, Amicus Curiae.

Sarah E. Harrington, R. Alexander Acosta, U.S. Dept. of Justice, Washington, DC, for U.S., Intervenor.

Before WILSON and KRAVITCH, Circuit Judges, and GOLDBERG, Judge.


WILSON, Circuit Judge:

Young Israel of Bal Harbour ("Young Israel") and Midrash Sephardi ("Midrash"), two synagogues serving the Surfside-Bal Harbour-Bay Harbor Islands area of Miami-Dade County, Florida, appeal the district court's entry of summary judgment in favor of the Town of Surfside ("Surfside") on the synagogues' claims challenging the Surfside Zoning Ordinance ("SZO") under the Religious Land Use and Institutionalized...

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