United States Tenth Circuit

In a dispute involving defendant-city's denial of a license for a church to operate a daycare in a residential zone, a judgment in favor of the city is affirmed over claims of error regarding: 1) dismissal of the church's constitutional claims; 2) jury instructions on a Religious Land Use and Institutionalized Persons Act claim; 3) admissibility of certain evidence; and 4) a party's intervention and the issue of restrictive covenants.

Appellate Information

• Decided 06/20/2006
• Published 06/21/2006

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.