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TREE OF LIFE CHRISTIAN v. CITY OF UPPER ARLINGTON

No. 17-4190.

905 F.3d 357 (2018)

TREE OF LIFE CHRISTIAN SCHOOLS, Plaintiff-Appellant, v. CITY OF UPPER ARLINGTON, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2018.

Attorney(s) appearing for the Case

ARGUED: Erik W. Stanley , ALLIANCE DEFENDING FREEDOM, Scottsdale, Arizona, for Appellant. Shawn Judge , ISAAC, WILES, BURKHOLDER & TEETOR, Columbus, Ohio, for Appellee. ON BRIEF: Erik W. Stanley , ALLIANCE DEFENDING FREEDOM, Scottsdale, Arizona, Philip W. Gerth , THE GERTH LAW OFFICE, LLC, Gahanna, Ohio, for Appellant. Shawn Judge , Mark Landes , ISAAC, WILES, BURKHOLDER & TEETOR, Columbus, Ohio, for Appellee.

GILMAN, J., delivered the opinion of the court in which GIBBONS, J., joined. THAPAR, J. (pp. 376-87), delivered a separate dissenting opinion.

OPINION

This case arises out of a zoning dispute between Tree of Life Christian Schools (Tree of Life) and the City of Upper Arlington, Ohio. In 2001, Upper Arlington adopted a Master Plan to guide its zoning decisions. The Master Plan emphasizes the need to increase...

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