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OPULENT LIFE CHURCH v. CITY OF HOLLY SPRINGS

No. 12-60052.

697 F.3d 279 (2012)

OPULENT LIFE CHURCH; Telsa DeBerry, Plaintiffs-Appellants, v. CITY OF HOLLY SPRINGS, MISSISSIPPI; Board of Aldermen of the City of Holly Springs, Mississippi; City Planning Commission of the City of Holly Springs, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 27, 2012.

Attorney(s) appearing for the Case

Ashley E. Johnson (argued), Perak Shah, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Michael Reed Martz , Freeland Shull, P.L.L.C., Oxford, MS, Jeffrey Carl Mateer , Gen. Counsel, Hiram S. Sasser , Liberty Legal Institute, Plano, TX, for Plaintiffs-Appellants.

R. Pepper Crutcher, Jr. , Anne Harlan Latino , Balch & Bingham, L.L.P., Jackson, MS, James Kizer Jones (argued), J. Kizer Jones Law Office, Holly Springs, MS, for Defendants-Appellees.

April J. Anderson (argued), Mark Lenard Gross , Deputy Chief Counsel, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for Amicus Curiae, U.S.

Before WIENER, ELROD, and SOUTHWICK, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

Until the eve of oral argument, the City of Holly Springs, Mississippi, had on its books a zoning ordinance that explicitly singled out "churches" for unfavorable treatment, albeit not for the outright banning of their presence from particular locations. The night before we heard argument, Holly Springs amended its ordinance, this time to ban "[c]hurches, temples, synagogues, mosques...

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