United States Tenth Circuit

In a lawsuit brought by a church, alleging that defendant-City's actions in denying it a license to operate a daycare in a residential zone violated the Religious Land Use and Institutionalized Persons Act, a jury properly found against the church since its operation of the daycare was not a sincere exercise of religion.

Appellate Information

• Decided 10/26/2005
• Published 10/26/2005

Judges

• Before BRISCOE, HOLLOWAY, and SEYMOUR, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Samuel Martin Ventola, of Rothgerber Johnson & Lyons LLP, Denver, Colorado, for the Plaintiff/Appellant., Lowell V. Sturgill, Jr., Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Peter D. Keisler, Assistant Attorney General, Matthew H. Mead, United States Attorney, and Mark Stern, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., with him on the brief), for the Plaintiff-Intervenor, United States of America., Roman P. Storzer, Anthony Picarello Jr., and Derek L. Gaubatz, filed a brief for Amicus Curiae, The Becket Fund for Religious Liberty.


• For Appellees:
  
• Stephen H. Kline, of Kline Law Office, Cheyenne, Wyoming (Michael D. Basom, Attorney for City of Cheyenne, Cheyenne, Wyoming, on the brief), for the Defendants/Appellees.