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INTERNATIONAL CHURCH v. CITY OF SAN LEANDRO

No. 09-15163.

634 F.3d 1037 (2011)

INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, Plaintiff-Appellant, v. CITY OF SAN LEANDRO; Tony Santos; Surlene G. Grant; Diana M. Souza; Joyce R. Starosciack; Bill Stephens; Jim Prola, in their official capacities; John Jermanis; Debbie Pollart, in their official and individual capacities, Defendants-Appellees, v. Faith Fellowship Foursquare Church, Real Party in Interest-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Attorney(s) appearing for the Case

Kevin T. Snider and Matthew B. McReynolds , Pacific Justice Institute, Sacramento, CA, for plaintiff-appellant International Church of the Foursquare Gospel and real party in interest-appellant Faith Fellowship Foursquare Church.

Jayne W. Williams , Deborah J. Fox , and Philip A. Seymour , Meyers, Nave, Riback, Silver & Wilson, Los Angeles, CA, for defendant-appellee City of San Leandro.

Daniel P. Dalton , Royal Oak, MI, Amicus Counsel for the Church State Council and Cavalry Chapel in Support of plaintiff-appellant International Church of the Foursquare Gospel.

Jennifer McGrath and Scott F. Field , Huntington Beach, CA, Amicus Counsel for the League of California Cities in Support of defendant-appellee City of San Leandro.

Before: JOHN T. NOONAN and RICHARD A. PAEZ, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

DUFFY, District Judge:

International Church of the Foursquare Gospel ("ICFG") appeals the grant of summary judgment in favor of the City of San Leandro (the "City"). ICFG alleges violations of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc ("RLUIPA"), and asserts claims under 42 U.S.C. § 1983 for First and Fourteenth Amendment violations. ICFG contends that the City violated its rights by denying a rezoning...

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