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ELIJAH GROUP v. CITY OF LEON VALLEY, TEX.

No. 10-50035.

643 F.3d 419 (2011)

The ELIJAH GROUP, INC., Plaintiff-Appellant, v. The CITY OF LEON VALLEY, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 10, 2011.

Attorney(s) appearing for the Case

Luke William Goodrich (argued), Lori Halstead Windham , Becket Fund for Religious Liberty, Washington, DC, John Gregory George, Jr. , Beirne, Maynard & Parsons, L.L.P., San Antonio, TX, for Plaintiff-Appellant.

Lowell Frank Denton (argued), Elizabeth Guerrero Christ , Ryan Scott Henry , Denton, Navarro, Rocha & Bernal, P.C., John Frank Onion, III , McKamie Krueger , L.L.P., San Antonio, TX, for Defendant-Appellee.

Joshua D. Hawley , Hogan Lovells US, L.L.P., Washington, DC, for American Islamic Congress, American Islamic Forum for Democracy, American Jewish Congress, Association of Christian Schools Intern., Ethics & Religious Liberty Com'n of the Southern Baptist Convention, General Conference of Seventh-Day Adventists and National Council of Young Israel, Amici Curiae.

Edward Robert McNicholas , Sidley Austin, L.L.P., Washington, DC, for Sikh Coalition, Amicus Curiae.

Scott N. Houston , Gen. Counsel, Texas Municipal League, Austin, TX, for Texas Municipal League, Amicus Curiae.

Before WIENER, GARZA, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Petitioner-Appellant The Elijah Group, Inc. ("the Church") sued the City of Leon Valley, Texas ("the City"), alleging that the City's prohibition of the Church from performing religious services on certain properties violates the Texas Civil Practice and Remedies Code, the Texas Religious Freedom Restoration Act (TRFRA), the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), and both the Texas and U.S. constitutions. After...

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