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GURU NANAK SIKH SOC. v. COUNTY OF SUTTER

No. 03-17343.

456 F.3d 978 (2006)

GURU NANAK SIKH SOCIETY OF YUBA CITY, Plaintiff-Appellee, v. COUNTY OF SUTTER; Casey Kroon; Dennis Nelson; Larry Munger; Dan Silva, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2006.

Attorney(s) appearing for the Case

Jeffrey T. Melching & John A. Ramirez, Rutan & Tucker, LLP, Costa Mesa, CA, for the defendants-appellants.

Michael R. Barrette, Yuba City, CA, for the plaintiff-appellee.

R. Alexander Acosta, Jessica Dunsay Silver, Eric W. Treene & Sarah E. Harrington, Department of Justice, Civil Rights Division, Washington, D.C., for intervenor and amicus United States.

Jennifer B. Henning, Sacramento, CA, for amici California State Association of Counties and the League of California Cities in support of the defendants-appellants.

Gibson, Dunn & Crutcher, LLP, New York, NY, for amici The Anti-Defamation League, et al.

Roman P. Storzer, Anthony Picarello Jr. & Derek L. Gaubatz, The Becket Fund for Religious Liberty, Washington, D.C., in support of the plaintiff-appellee.

Before: D.W. NELSON, RAWLINSON, and BEA, Circuit Judges.

BEA, Circuit Judge:

We must decide whether a local government's denial of a religious group's application for a conditional use permit to construct a temple on a parcel of land zoned "agricultural" constituted a "substantial burden" under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., and if we find that the denial was a substantial burden, whether RLUIPA is constitutional.

We find...

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