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DIGRUGILLIERS v. CONSOLIDATED CITY OF INDIANAPOLIS

No. 07-1358.

506 F.3d 612 (2007)

Toby DIGRUGILLIERS, Plaintiff-Appellant, v. CONSOLIDATED CITY OF INDIANAPOLIS, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 2007.

Attorney(s) appearing for the Case

David R. Langdon (argued), Langdon & Hartman, Cincinnati, OH, for Plaintiff-Appellant.

James B. Osborn, Lakshmi Hasanadka (argued), Office of the Corporation Counsel, Indianapolis, IN, for Defendants-Appellees.

Eric W. Treene (argued), Karl N. Gellert, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Amicus Curiae.

Before POSNER, FLAUM, and WILLIAMS, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff is the pastor of the Baptist Church of the West Side, a small congregation (30 to 50 members) that conducts church services in a building that it has leased in a part of Indianapolis zoned C-1. Under the Indianapolis zoning code, the church's building is a "religious use," defined as "a land use and all buildings and structures associated therewith devoted primarily to the purpose of divine worship together with reasonably related...

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