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TRINITY LUTHERAN CHURCH OF COLUMBIA v. PAULEY

No. 14-1382.

788 F.3d 779 (2015)

TRINITY LUTHERAN CHURCH OF COLUMBIA, INC., Plaintiff-Appellant v. Sara Parker PAULEY, in her official capacity, Defendant-Appellee The Becket Fund for Religious Liberty, Amicus on Behalf of Appellant(s) American Civil Liberties Union Foundation, et al., Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2015.

Attorney(s) appearing for the Case

Joel L. Oster , Alliance Defending Freedom, Leawood, KS, argued ( Erik W. Stanley , Kevin H. Theriot , Alliance Defending Freedom, Leawood, KS, Michael K. Whitehead , The Whitehead Law Firm, LLC, Kansas City, MO, on the brief), for appellant.

James R. Layton , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., Kristin R. Stokely , Asst. Atty. Gen., on the brief), for appellee.

Eric S. Baxter , Asma T. Uddin , Diane M. Verm , The Becket Fund for Religious Liberty, Washington, DC, for amicus curiae The Becket Fund for Religious Liberty, in support of appellant.

Anthony E. Rothert , Grant R. Doty , Gillian R. Wilcox , ACLU of Missouri Foundation, St. Louis, MO, Daniel Mach , Heather L. Weaver , ACLU Foundation, Washington, DC, Ayesha N. Khan , Alex J. Luchenister , Americans United for Separation of Church and State, Washington, DC, for amici curiae the ACLU Foundation, the ACLU of Missouri, and Americans United for Separation of Church and State, in support of appellee.

Before LOKEN, MELLOY, and GRUENDER, Circuit Judges.

Trinity Lutheran Church of Columbia, Inc. ("Trinity Church"), filed this action alleging that Sara Pauley, acting in her official capacity as Director of the Missouri Department of Natural Resources ("DNR"), violated Trinity Church's rights under the United States and Missouri Constitutions by denying its application for a...

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