CANAAN CHRISTIAN CHURCH v. MONTGOMERY COUNTY

No. 20-2185.

29 F.4th 182 (2022)

CANAAN CHRISTIAN CHURCH; Burtonsville Crossing, LLC; Burtonsville Associates; Marion G. Sarem, Plaintiffs-Appellants, and Jennifer M. Sarem, Plaintiff, v. MONTGOMERY COUNTY, MARYLAND; Montgomery County Council; Isiah Leggett, County Executive, Defendants-Appellees. Agudath Israel of America; Jewish Coalition for Religious Liberty, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2022.


Attorney(s) appearing for the Case

ARGUED: Roman Paul Storzer , STORZER & ASSOCIATES, P.C., Washington, D.C., for Appellants. Howard Ross Feldman , WHITEFORD, TAYLOR & PRESTON L.L.P., Baltimore, Maryland, for Appellees. ON BRIEF: Blair Lazarus Storzer , STORZER & ASSOCIATES, P.C., Washington, D.C., for Appellant Burtonsville Associates. A. Donald C. Discepolo , DISCEPOLO, LLP, Columbia, Maryland, for Burtonsville Crossing, LLC. Michelle M. Rosenfeld , LAW OFFICE OF MICHELLE ROSENFELD, LLC, Rockville, Maryland, for Appellants. Mark P. Hansen , County Attorney, John P. Markovs , Edward B. Lattner , OFFICE OF THE COUNTY ATTORNEY, Rockville, Maryland; Harry S. Johnson , Erek L. Barron , Aaron L. Casagrande , Cara C. Murray , Patrick D. McKevitt , WHITEFORD, TAYLOR & PRESTON L.L.P., Baltimore, Maryland, for Appellees. Christopher Pagliarella , YALE LAW SCHOOL FREE EXERCISE CLINIC, Washington, D.C.; Gordon D. Todd , Lucas W.E. Croslow , Matthew H. Simpson , SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge King joined. Judge Richardson wrote an opinion concurring in the judgment.


In this case, we address whether Montgomery County, Maryland (the "County"), the Montgomery County Council (the "County Council"), and the Montgomery County Executive (the "County Executive") (collectively, "Appellees") complied with the Religious Land Use and Institutionalized Persons Act ("RLUIPA") and the Free Exercise...

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