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GREATER BIBLE WAY TEMPLE OF JACKSON v. CITY OF JACKSON

Docket Nos. 130194, 130196. Calendar No. 5.

733 N.W.2d 734 (2007)

478 Mich. 373

THE GREATER BIBLE WAY TEMPLE OF JACKSON, Plaintiff-Appellee, v. CITY OF JACKSON, Jackson Planning Commission, and Jackson City Council, Defendants-Appellants.

Supreme Court of Michigan.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Hubbard, Fox, Thomas, White & Bengston, P.C. (by Mark T. Koerner), Lansing, for the plaintiff.

Julius A. Giglio, City Attorney, Susan G. Murphy, Deputy City Attorney, and Secrest Wardle (by Gerald A. Fisher, Thomas R. Schultz, and Shannon K. Ozga), Jackson, Farmington Hills, for the defendants.

David S. Parkhurst, Washington, D.C., for amici curiae National League of Cities and International Municipal Lawyers Association.

Miller, Canfield, Paddock and Stone, P.L.C. (by William J. Danhof and Bree Popp Woodruff), Lansing, for Michigan Municipal League Legal Defense Fund.

MARKMAN, J.

We granted leave to appeal to consider whether the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. 2000cc et seq., entitles plaintiff to the rezoning of its property from single-family residential to multiple-family residential to allow plaintiff to build an apartment complex. The lower courts held that RLUIPA does entitle plaintiff to the rezoning of its property. We conclude that a refusal to rezone does not constitute...

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