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NORTHRIDGE CHURCH v. CHARTER TP. OF PLYMOUTH

No. 09-2388.

647 F.3d 606 (2011)

NORTHRIDGE CHURCH, fka Temple Baptist Church, a Michigan ecclesiastical corporation, Plaintiff-Appellant, v. CHARTER TOWNSHIP OF PLYMOUTH; Plymouth Township Planning Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 28, 2011.

Attorney(s) appearing for the Case

ARGUED: Martin L. Roth , Kirkland & Ellis LLP, Chicago, Illinois, for Appellant. Timothy S. Wilhelm , Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees. ON BRIEF: Martin L. Roth , Richard C. Godfrey , P.C., Kirkland & Ellis LLP, Chicago, Illinois, Daniel P. Dalton , Tomkiw Dalton, PLC, Bloomfield Hills, Michigan, for Appellant. Marcelyn A. Stepanski , Johnson, Rosati, LaBarge, Aseltyne & Field, P.C., Farmington Hills, Michigan, for Appellees.

Before: COLE, CLAY, and GILMAN, Circuit Judges.

OPINION

COLE, Circuit Judge.

This appeal is the latest chapter in the rocky relationship between a church and the township in which it sits. Plaintiff-Appellant Northridge Church is a sizeable ecclesiastical organization located in Defendant-Appellee Charter Township of Plymouth, Michigan. Seventeen years ago, Northridge sought a special permit from Plymouth to build its church and related structures in the Township. Fearful of the impact Northridge would...

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