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GUATAY CHRISTIAN FELLOWSHIP v. COUNTY OF SAN DIEGO

No. 09-56541.

670 F.3d 957 (2011)

GUATAY CHRISTIAN FELLOWSHIP, Plaintiff-Appellant, v. COUNTY OF SAN DIEGO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 23, 2011.

Attorney(s) appearing for the Case

Peter D. Lepiscopo , Lepiscopo & Morrow, San Diego, CA, for the appellant.

Thomas D. Bunton , Senior Deputy, County of San Diego, San Diego, CA, for the appellee.

Before: MICHAEL DALY HAWKINS and RAYMOND C. FISHER, Circuit Judges, and MARK L. WOLF, Chief District Judge.

OPINION

HAWKINS, Senior Circuit Judge:

The Guatay Christian Fellowship ("Church") appeals the adverse grant of summary judgment on the Church's claim that San Diego County ("County") enforced a land use regulation in violation of the Church's constitutional and statutory rights under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc ("RLUIPA"). The district court determined the Church's constitutional...

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