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CHURCH OF FOURSQUARE GOSPEL v. CITY OF SAN LEANDRO

No. 09-15163.

673 F.3d 1059 (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.

Amended April 22, 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.

ORDER

The Opinion, filed on February 15, 2011, and reported at 634 F.3d 1037 (9th Cir. 2011), is amended as follows:

At 634 F.3d at 1043, the sentence: <There is no dispute that the City's treatment of the Church's applications constitutes an "individualized assessment."> is deleted and replaced with the sentence: <The City's treatment of the Church's applications constitutes an "individualized assessment."

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