Robert MURPHY and Mary Murphy, Plaintiffs-Appellees,
v.
NEW MILFORD ZONING COMMISSION, George Doring, C. Brooks Temple, Charles Raymond, Lawrence Greenspan, Eleanor Florio, Patricia McRae, Mona Tito and Kathy Castagnetta, Defendants-Appellants,
United States of America, Intervenor-Defendant, Becket Fund for Religious Liberty, Amicus Curiae.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 21, 2004.
Decided March 25, 2005.
Attorney(s) appearing for the Case
Marci Hamilton, Washington Crossing, PA (Steven E. Byrne, Farmington, CT, of counsel), for Appellants.
Vincent P. McCarthy, American Center for Law and Justice Northeast, New Milford, CT (Kristina J. Wenberg, American Center for Law and Justice Northeast, New Milford, CT, of counsel), for Appellees.
Lowell V. Sturgill, Jr., Attorney, Appellate Staff, Civil Division, Department of Justice, Washington DC (Peter D. Keisler, Assistant Attorney General, Department of Justice, Washington DC, Kevin J. O'Connor, United States Attorney for the District of Connecticut, New Haven, CT, Mark Stern, Attorney, Appellate Staff, Civil Division, Department of Justice, Washington DC, of counsel), for Intervenor-Defendant.
Anthony R. Picarello, Jr., Roman P. Storzer, Derek L. Gaubatz, The Becket Fund for Religious Liberty, Washington DC, of counsel, for Amicus Curiae The Becket Fund for Religious Liberty.
Mitchell A. Karlan, Gibson, Dunn & Crutcher, New York City, of counsel, for Amici Curiae The Anti-Defamation League, The American Jewish Committee and The Jewish Council for Public Affairs.
Christopher Rizzo, Municipal Art Society of New York, New York City, of counsel, for Amici Curiae The Municipal Art Society of New York, Preservation League of New York State, American Planning Association-New York Metro Chapter, National Trust for Historic Preservation, New York Landmarks Conservancy, The Greenwich Village Society for Historic Preservation and Brooklyn Heights Association.
Before: FEINBERG, MESKILL and B.D. PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge.
This appeal arises from an action commenced in the United States District Court for the District of Connecticut, Fitzsimmons, M.J., by Robert and Mary Murphy against the New Milford Zoning Commission, its individual members and the New Milford Zoning Enforcement Officer (collectively, "New Milford"). Following complaints of large, weekly gatherings at the Murphys' home and an investigation on the matter, New Milford informed the Murphys...
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