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STS. CONSTANTINE, HELEN GREEK ORTH. v. NEW BERLIN

No. 04-2326.

396 F.3d 895 (2005)

STS. CONSTANTINE AND HELEN GREEK ORTHODOX CHURCH, INC., and John W. Demetropoulos, Plaintiffs-Appellants, v. CITY OF NEW BERLIN and Telesfore Wysocki, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 2005.

Rehearing and Rehearing Denied March 7, 2005.

Attorney(s) appearing for the Case

Daniel W. Hildebrand (argued), Dewitt, Ross & Stevens, Madison, WI, for Plaintiffs-Appellants.

Marci A. Hamilton (argued), Washington Crossing, PA, for City of New Berlin.

Kevin P. Reak, Gunta & Reak, Milwaukee, WI, for Telesfore Wysocki.

Eric W. Treene (argued), Karen L. Stevens, Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, for U.S.

Before POSNER, MANION, and EVANS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 7, 2005.

POSNER, Circuit Judge.

This is a suit by a Greek Orthodox church (we'll call it the "Church") against a small town in Wisconsin (officially a "City") named New Berlin. There are additional parties on both sides, but there is no need to discuss them. The district court granted summary judgment for the defendants.

The suit is based on subsection (a)(1) of the cumbersomely titled Religious Land Use...

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