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MILES CHRISTI RELIGIOUS ORDER v. TP. OF NORTHVILLE

No. 09-1618.

629 F.3d 533 (2010)

MILES CHRISTI RELIGIOUS ORDER, Cesar Bertolacci, Father, and Francisco Conte-Grand, Brother, Plaintiffs-Appellants, v. TOWNSHIP OF NORTHVILLE, Chip Snider, in his official capacity as Northville Township Manager, Jennifer Frey, in her official capacity as Director of Community Development for Northville Township, Joseph Bauer, in his official capacity as Ordinance Enforcement Officer for Northville Township, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 21, 2010.

Rehearing and Rehearing En Banc Denied January 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Timothy S. Wilhelm , Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees. ON BRIEF: Robert Joseph Muise , Thomas More Law Center, Ann Arbor, Michigan, for Appellants. Timothy S. Wilhelm , Marcelyn A. Stepanski , Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees.

SUTTON, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. BATCHELDER, C.J. (pp. 542-54), delivered a separate dissenting opinion.

OPINION

SUTTON, Circuit Judge.

A religious order and two of its members filed this action under the Religious Land Use and Institutionalized Persons Act and the Federal and State Constitutions against the Township of Northville and its officials based on a dispute over the application of several local zoning ordinances to a residence that the order owns in the township. The district court concluded that the suit was unripe, and so do we.

I.

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