United States Second Circuit

Summary judgment in favor of plaintiff-school, granting its application to construct an additional building on its campus, is reversed where a factfinder could reasonably disagree with several findings essential to the district court's conclusion.

Appellate Information

• Decided 09/27/2004
• Published 09/28/2004

Judges

• LEVAL, Circuit Judge., Before:  VAN GRAAFEILAND, LEVAL, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter D. Keisler, Assistant Attorney General, Washington, D.C. (David N. Kelley, United States Attorney for the Southern District of New York;  Gregory G. Katsas, Deputy Assistant Attorney General;  Mark Stern and Lowell V. Sturgill Jr., Attorneys, Appellate Staff Civil Division;  Sarah E. Light and Sara L. Shudofsky, Assistant United States Attorneys, on the brief), for intervenor United States of America.


• For Appellees:
  
• Joel C. Haims, Morrison & Foerster LLP, New York, N.Y. (Jack C. Auspitz and Andrea B. Aronoff, Morrison & Foerster LLP;  Stanley D. Bernstein, Berstein Liebhard & Lifshitz, LLP, New York, NY, on the brief), for Plaintiff-Appellee., Kevin J. Plunkett, Village Attorney, Village of Mamaroneck, N.Y. (Robert Hermann, Darius P. Chafizadeh, and Lino J. Sciarretta, Thacher Proffitt & Wood LLP, White Plains, NY;  Joseph C. Messina, Mamaroneck, NY, on the brief), for Defendants-Appellants., Riele J. Morgiewicz, Albany, NY, for amicus curiae New York State Conference of Mayors and Municipal Officials, in support of Defendant-Appellants., Michael D. Zarin, Zarin & Steinmetz, White Plains, NY, for amicus curiae Save Orienta's Unique Neighborhood, in support of Defendant-Appellants., Anthony R. Picarello, Jr., The Beckett Fund For Religious Liberty, Washington, D.C. (Roman P. Storzer and Derek L. Gaubatz, on the brief), for amici curiae the Becket Fund for Religious Liberty, the Council for Christian Colleges and Universities, the Council for American Private Education, and the Association of Christian Schools International, in support of Plaintiff-Appellee., Mitchell A. Karlan, Gibson, Dunn & Crutcher LLP, New York, NY, for amici curiae The Anti-Defamation League, The American Jewish Committee, The American Jewish Congress, The Union of Orthodox Jewish Congregations of America, and The Jewish Council for Public Affairs, in support of Plaintiff-Appellee., Von G. Keetch, Kirton & McConkie, Salt Lake City, UT (Alexander Dushku, Matthew K. Richards, and Jason W. Beutler, on the brief), for amici curiae The United States Conference of Catholic Bishops;  The Church of Jesus Christ of Latter-Day Saints;  The General Council on Finance and Administration of the United Methodist Church;  Clifton Kirkpatrick, as stated Clerk of the General Assembly of Presbyterian Church (U.S.A.);   The Ethics & Religious Liberty Commission of the Southern Baptist Convention;  The First Church of Christ, Scientist;  Foundation for the Preservation of the Mahayana Tradition;  the International Church of the Foursquare Gospel;  The United House of Prayer for All People of the Church on the Rock of the Apostolic Faith and the Worldwide Church of God, in support of Plaintiff-Appellee.