ROMAN CATHOLIC BISHOP OF SPG. v. CITY OF SPRINGFIELD

No. 11-1117.

724 F.3d 78 (2013)

ROMAN CATHOLIC BISHOP OF SPRINGFIELD, a Corporation Sole, Plaintiff, Appellant, v. CITY OF SPRINGFIELD; Domenic J. Sarno, in his official capacity as Mayor of the City of Springfield; Springfield City Council; Patrick J. Markey, in his official capacity as City Councilor for the City of Springfield; William T. Foley, in his official capacity as City Councilor for the City of Springfield; Rosemarie Mazza-Moriarty, in her official capacity as City Councilor for the City of Springfield; Timothy J. Rooke, in his official capacity as City Councilor for the City of Springfield; Bruce W. Stebbins, in his official capacity as City Councilor for the City of Springfield; Jose Tosado, in his official capacity as City Councilor for the City of Springfield; Kateri Walsh, in her official capacity as City Councilor for the City of Springfield; Bud L. Williams, in his official capacity as City Councilor for the City of Springfield; James J. Ferrera, III, in his official capacity as City Councilor for the City of Springfield, Defendants, Appellees.

United States Court of Appeals, First Circuit.

July 22, 2013.


Attorney(s) appearing for the Case

John J. Egan , with whom Stephen E. Spelman and Egan, Flanagan and Cohen, P.C. were on brief, for appellant.

Anthony I. Wilson , Associate City Solicitor, City of Springfield, with whom Edward M. Pikula , City Solicitor, City of Springfield, was on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

The Roman Catholic Bishop of Springfield (RCB) challenges the district court's grant of summary judgment to the City of Springfield (City) and dismissal of RCB's constitutional and statutory claims against enforcement of a City ordinance that created a single-parcel historic district encompassing a church owned by RCB. Under the ordinance, RCB cannot make any changes that affect the exterior of the church, including demolition, without the permission...

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