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ST. PAUL'S FOUNDATION v. IVES

No. 21-1463.

29 F.4th 32 (2022)

ST. PAUL'S FOUNDATION; Shrine of St. Nicholas the Wonderworker, Patron of Sailors, Brewers and Repentant Thieves, Plaintiffs, Appellants, v. Robert IVES, in his official capacity as Interim Building Commissioner for the Town of Marblehead; Town of Marblehead, Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 24, 2022.

Attorney(s) appearing for the Case

Kevin P. Martin , with whom Michael K. Murray , William E. Evans III , and Goodwin Procter LLP were on brief, for appellants.

Felicia H. Ellsworth , Eric L. Hawkins , Simon B. Kress , and Wilmer Cutler Pickering Hale and Dorr LLP, on brief for the Orthodox Church in America and the Union of Orthodox Jewish Congregations of America, amici curiae.

Gregor A. Pagnini , with whom Leonard H. Kesten , Deidre Brennan Regan , and Brody, Hardoon, Perkins & Kesten, LLP were on brief, for appellees.

Before Lynch, Kayatta, and Barron, Circuit Judges.

This case arises from a suit under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"). The plaintiffs, St. Paul's Foundation and the Shrine of St. Nicholas the Wonderworker, Patron of Sailors, Brewers and Repentant Thieves (collectively, "St. Paul's"), claim that their religious exercise was substantially...

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