Tree of Life Christian Schools v. City of Upper Arlington
Court of Appeals for the Sixth Circuit
1Opinion of the CourtBoggs, J., joined by Suhrheinrich, J.,
WHITE, J. (pp. 373-82), delivered a separate opinion concurring in part and dissenting in part.
OPINION
BOGGS, Circuit Judge.
Defendant-Appellee Upper Arlington (the government), a suburb of Columbus, Ohio, regulated the use of land owned by Plaintiff-Appellant Tree of Life Christian Schools (TOL Christian Schools). As a result of this regulation, TOL Christian Schools could not use its land to operate a religious school. TOL Christian Schools, after corresponding with and applying to the government on related proposals, applied to rezone the property to allow use as a religious school. The…
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