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WIRTZ v. CITY OF SOUTH BEND, IN.

Cause No. 3:11-CV-325-RLM.

813 F.Supp.2d 1051 (2011)

Roy WIRTZ, Eric Brown, Peter Reimers, and Tim DeLaney, Plaintiffs v. CITY OF SOUTH BEND, INDIANA, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

September 7, 2011.

Attorney(s) appearing for the Case

Alexander J. Luchenitser PHV , Ayesha N. Khan PHV , Americans United for Separation of Church and State, Daniel Mach PHV , American Civil Liberties Union, Washington, DC, Gavin M. Rose , Kenneth J. Falk , ACLU of Indiana, Indianapolis, IN, for Plaintiffs.

Charles S. Leone , Leone Halpin LLP, South Bend, IN, for Defendant.

OPINION AND ORDER

ROBERT L. MILLER, JR., District Judge.

When Saint Joseph Regional Medical Center decided to vacate its 21-acre site in downtown South Bend, Indiana, a Catholic high school (St. Joseph's) was the only purchaser to step forward with solid interest in acquiring the site. St. Joseph's wanted to build a new high school on the site with athletic facilities. The high school wasn't able to negotiate the purchase of an adjacent property on...

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