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TOWN OF FOXFIELD v. ARCHDIOCESE OF DENVER

No. 05CA0202.

148 P.3d 339 (2006)

TOWN OF FOXFIELD, Colorado, Plaintiff and Counterclaim Defendant-Appellee and Cross-Appellant, v. The ARCHDIOCESE OF DENVER, Defendant and Counterclaim Plaintiff-Appellant and Cross-Appellee, and Monsignor Edward L. Buelt, Defendant and Counterclaim Plaintiff-Appellant, and United States Department of Justice, Intervenor.

Colorado Court of Appeals, Div. I.

Certiorari Granted December 18, 2006.

Attorney(s) appearing for the Case

Senter Goldfarb & Rice, L.L.C., Thomas S. Rice, Sonja S. McKenzie, Benjamin P. Eckhart, Denver, Colorado, for Plaintiff and Counterclaim Defendant-Appellee and Cross-Appellant.

Rothgerber Johnson & Lyons, LLP, Charles Goldberg, Eric V. Hall, Denver, Colorado, for Defendant and Counterclaim Plaintiff-Appellant and Cross-Appellee and Defendant and Counterclaim Plaintiff-Appellant.

Thomas N. Scheffel & Associates, P.C., Thomas N. Scheffel, Bradley S. Abramson, Denver, Colorado; Anthony R. Picarello, Jr., Derek L. Gaubatz, Washington, DC, for Amici Curiae The Becket Fund for Religious Liberty, The American Center for Law and Justice, The Association of Christian Schools International, The General Conference of Seventh-Day Adventists, Liberty Counsel, The National Council of the Churches of Christ in the USA, The Queens Federation of Churches, Inc., The Soka Gakkai International—USA, Church of Jesus Christ of Latter Day Saints, National Association of Evangelicals.

Opinion by Judge GRAHAM.

This appeal concerns the applicability of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc, et seq.; the applicability of the Freedom to Gather to Worship Act (FGWA), § 29-11-201, et seq., C.R.S.2005; and the constitutionality of a municipal ordinance restricting parking that may affect church property. The Archdiocese of Denver and Monsignor Edward L. Buelt appeal from the trial court's summary...

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