UTAH GOSPEL MISSION; First Unitarian Church of Salt Lake City; Utah National Organization for Women; Lee J. Siegel, Plaintiffs-Appellants,
v.
SALT LAKE CITY CORPORATION, a municipal corporation; Ross C. "Rocky" Anderson, Mayor of Salt Lake City, in his official capacity; Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, Defendants-Appellees.
Sutherland Institute, Utah Taxpayers Association, Utah Association of Realtors; The Association of Christian Schools International, Christian and Missionary Alliance; Colorado Catholic Conference; Community of Christ; Ethics & Religious Liberty Commission of the Southern Baptist Convention; Evangelical Lutheran Church in America; First Church of Christ, Scientist; General Conference of Seventh-Day Adventists; General Council on Finance and Administration of the United Methodist Church; International Church of the Foursquare Gospel; Islamic Society of Colorado Springs; National Association of Evangelicals; National Council of the Churches of Christ in the USA; Rocky Mountain District of the Desert-Mountain Conference of the Fifth Episcopal District of the African Methodist Episcopal Church Worldwide; The Net-Churches Serving Together; International Municipal Association; National League of Cities; National Association of Counties; U.S. Conference of Mayors, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
October 3, 2005.
October 3, 2005.
Attorney(s) appearing for the Case
Mark J. Lopez, (Sharon McGowan, American Civil Liberties Union Foundation, Inc. and Margaret Plane, American Civil Liberties Union of Utah Foundation, Inc., Salt Lake City, UT, on the brief), New York, NY, for Plaintiffs-Appellants.
Steven W. Allred (and Boyd A. Ferguson, Assistant City Attorney, on the brief), Salt Lake City, UT, for Defendants-Appellees.
Alan L. Sullivan and James D. Gardner, Snell & Wilmer, L.L.P. and Von G. Keetch and Alexander Dushku, Kirton & McConkie, on the brief, Salt Lake City, UT, for Defendant-Appellee Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints.
L. Martin Nussbaum and Eric V. Hall, Rothgerber, Johnson & Lyons, L.L.P., Colorado Springs, CO, for Association of Christian Schools International, Christian and Missionary Alliance, Colorado Catholic Conference, Community of Christ, Ethics and Religious Liberty Commission of the Southern Baptist Convention, Evangelical Lutheran Church in America, First Church of Christ Scientist, General Conference of Seventh-day Adventists, General Council on Finance and Administration of the United Methodist Church, International Church of the Foursquare Gospel, Islamic Society of Colorado Springs, National Association of Evangelicals, National Council of the Churches of Christ in the USA, Rocky Mountain District of the Desert-Mountain Conference of the Fifth Episcopal District of the African Methodist Episcopal Church Worldwide, and Net-Churches Serving Together, as Amici Curiae.
Maxwell A. Miller, Parsons, Behle & Latimer, Salt Lake City, UT, for Sutherland Institute, the Utah Taxpayers Association, and the Utah Association of Realtors, as Amici Curiae.
David Parkhurst, National League of Cities, Gene C. Schaerr and Ryan D. Nelson, Sidley, Austin, Brown & Wood, L.L.P, and Henry W. Underhill, Jr. and Lani L. Williams, International Municipal Lawyers Association, Washington, DC, for National League of Cities, International Municipal Lawyers Association, National Association of Counties, and U.S. Conference of Mayors, as Amici Curiae.
Before KELLY, BRISCOE, and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
KELLY, Circuit Judge.
Plaintiffs-Appellants Utah Gospel Mission, First Unitarian Church of Salt Lake City, Utah National Organization for Women, and Lee J. Seigel appeal the district court's denial of a preliminary injunction and grant of the motion for dismissal for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) made by Defendants-Appellees Salt Lake City Corporation, Ross C. Anderson, and Corporation...
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