Legal Opinion

Sts. Constantine and Helen Greek Orthodox Church, Inc., and John W. Demetropoulos v. City of New Berlin and Telesfore Wysocki

Court of Appeals for the Seventh Circuit

Decided March 7, 2005No. 04-2326PublishedCited by 82 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This is a suit by a Greek Orthodox church (we’ll call it the “Church”) against a small town in Wisconsin (officially a “City”) named New Berlin. There are additional parties on both sides, but there is no need to discuss them. The district court granted summary judgment for the defendants.

The suit is based on subsection (a)(1) of the cumbersomely titled Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc. That subsection forbids a government agency to “impose or implement a land use regulation in a manner that imposes a substantial…

2Cases cited22 opinions

  1. Sherbert v. VernerSupreme Court of the United States · 1963
  2. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  3. City of Boerne v. FloresSupreme Court of the United States · 1997
  4. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  5. Watson v. Fort Worth Bank & TrustSupreme Court of the United States · 1988

17 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. Guru Nanak Sikh Society of Yuba City v. County of Sutter Casey Kroon Dennis Nelson Larry Munger Dan SilvaCourt of Appeals for the Ninth Circuit · 2006
  2. Roman Catholic Bishop v. City of SpringfieldCourt of Appeals for the First Circuit · 2013
  3. Westchester Day School v. Village of MamaroneckCourt of Appeals for the Second Circuit · 2007
  4. Fortress Bible Church v. FeinerCourt of Appeals for the Second Circuit · 2012
  5. Chabad Lubavitch of Litchfield County, Inc. v. Litchfield Historic District CommissionCourt of Appeals for the Second Circuit · 2014

77 more not listed; retrieve them via the Exa API.

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