SUMMUM v. PLEASANT GROVE CITY

No. 06-4057.

483 F.3d 1044 (2007)

SUMMUM, a corporate sole and church, Plaintiff-Appellant, v. PLEASANT GROVE CITY, a municipal corporation; Jim Danklef, Mayor; Mark Atwood, City Council Member; Cindy Boyd, City Council Member; Mike Daniels, City Council Member; Darold McDade, City Council Member; Jeff Wilson, City Council Member; Carol Harmer, former City Council Member; G. Keith Corry, former City Council Member; Frank Mills, City Administrator, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 17, 2007.


Attorney(s) appearing for the Case

Brian M. Barnard, Utah Legal Clinic, Salt Lake City, UT, appearing for Appellant.

Francis J. Manion, American Center for Law & Justice, New Hope, KY (Edward L. White, III, Thomas More Law Center, Ann Arbor, MI, Jay Alan Sekulow, American Center for Law & Justice, Washington, DC, and Geoffrey R. Surtees, American Center for Law & Justice, New Hope, KY, with him on the brief), appearing for Appellees.

Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and KANE, District Judge.


TACHA, Chief Circuit Judge.

The Plaintiff-Appellant Summum, a religious organization, filed suit under 42 U.S.C. § 1983 for violation of its First Amendment rights against the Defendants-Appellees, the City of Pleasant Grove, its mayor, city administrator, and city council members. Summum appeals the District Court's denial of its request for a preliminary injunction. We exercise jurisdiction pursuant to 28 U.S.C. ...

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