BETHEL WORLD OUTREACH v. MONTGOMERY COUNTY

No. 11-2176.

706 F.3d 548 (2013)

BETHEL WORLD OUTREACH MINISTRIES, of Montgomery County, Plaintiff-Appellant, v. MONTGOMERY COUNTY COUNCIL; Montgomery County, Maryland, Defendants-Appellees. United States of America; Christ International Ministries; Families Across America, Inc.; Grace Missionary Society; The Becket Fund for Religious Liberty, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 31, 2013.


Attorney(s) appearing for the Case

ARGUED: Roman Paul Storzer , Storzer & Greene, PLLC, Washington, D.C., for Appellant. Angela MacDonald Miller , United States Department of Justice, Washington, D.C., for Amici Supporting Appellant. Patricia Prestigiacomo Via , County Attorney's Office, Rockville, Maryland, for Appellees. ON BRIEF: Robert L. Greene , Storzer & Greene, PLLC, Washington, D.C., for Appellant. Marc P. Hansen , County Attorney, Edward B. Lattner , Division Chief, Division of Human Resources & Appeals, Paul F. Leonard, Jr. , Associate County Attorney, County Attorney's Office, Rockville, Maryland, for Appellees. Jocelyn Samuels , Principal Deputy Assistant Attorney General, Dennis J. Dimsey, United States Department of Justice, Washington, D.C., for the United States, Amicus Supporting Appellant. Eric C. Rassbach , Lori H. Windham , The Becket Fund for Religious Liberty, Washington, D.C., for Christ International Ministries, Families Across America, Inc., Grace Missionary Society, and The Becket Fund for Religious Liberty, Amici Supporting Appellant.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge FLOYD and Judge THACKER joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Bethel World Outreach Ministries brought this action asserting that Montgomery County's zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons that follow, we reverse...

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