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GRACE UNITED METHODIST CHURCH v. CITY OF CHEYENNE

No. 03-8060.

451 F.3d 643 (2006)

GRACE UNITED METHODIST CHURCH, Plaintiff-Appellant, v. CITY OF CHEYENNE; City of Cheyenne Board of Adjustment; Dorothy Wilson, City of Cheyenne Development Director; Cheyenne City Council, Defendant-Appellees, Mountview Park Homeowners' Association, Defendant-Intervenor-Appellee, United States of America, Plaintiff-Intervenor-Intervenor, The Becket Fund for Religious Liberty, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

Samuel Martin Ventola, of Rothgerber Johnson & Lyons LLP, Denver, Colorado, for the Plaintiff/Appellant.

Stephen H. Kline, of Kline Law Office, Cheyenne, Wyoming (Michael D. Basom, Attorney for City of Cheyenne, Cheyenne, Wyoming, on the brief), for the Defendants/Appellees.

Lowell V. Sturgill, Jr., Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Peter D. Keisler, Assistant Attorney General, Matthew H. Mead, United States Attorney, and Mark Stern, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., with him on the brief), for the Plaintiff-Intervenor, United States of America.

Roman P. Storzer, Anthony Picarello Jr., and Derek L. Gaubatz, filed a brief for Amicus Curiae, The Becket Fund for Religious Liberty.

Before BRISCOE, HOLLOWAY, and SEYMOUR, Circuit Judges.

OPINION ON REHEARING

SEYMOUR, Circuit Judge.

Grace United Methodist Church (Grace United or Church), a non-profit religious corporation affiliated with the United Methodist Church, filed a civil action pursuant to the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq., and 42 U.S.C. § 1983 against the City of Cheyenne, Wyoming and other affiliated defendants (hereinafter collectively the City). Grace...

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