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THIRD CHURCH OF CHRIST v. CITY OF NEW YORK

Docket No. 08-6022-cv.

626 F.3d 667 (2010)

THIRD CHURCH OF CHRIST, SCIENTIST, OF NEW YORK CITY, Plaintiff-Appellee, v. The CITY OF NEW YORK and Patricia J. Lancaster, in her official capacity as Commissioner of the New York City Department of Buildings, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: December 1, 2010.

Attorney(s) appearing for the Case

John R. Cuti , Davis Wright Tremaine, LLP (Victor A. Kovner & Monica Pa, on the brief), New York, N.Y., for Plaintiff-Appellee.

Ronald E. Sternberg , of counsel (Leonard Koerner & Ave Maria Brennan, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, N.Y., for Defendants-Appellants.

Before: CALABRESI, KATZMANN, CHIN, Circuit Judges.

CALABRESI, Circuit Judge:

The district court (Batts, J.) issued a permanent injunction pursuant to the equal-terms provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., prohibiting the City from restricting Plaintiff-Appellee Church's use of its facility for private, catered events. In so doing, it held that the City allows secular institutions in the Church's neighborhood to conduct the...

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