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United States DC Circuit


Village of Bensenville v. Fed. Aviation Admin., 05-1383

Petitioners' Religious Freedom Restoration Act (RFRA) claim fails where any burden on the exercise of religion caused by a city's airport expansion plan that requires the relocation of a church cemetery is not fairly attributable to the Federal Aviation Administration (FAA), which approved the plan.

Appellate Information

  • Argued 05/05/2006
  • Decided 08/04/2006
  • Published 08/04/2006

Judges

  • Before:  HENDERSON, ROGERS and GRIFFITH, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Christopher T. Handman argued the cause for petitioners.   With him on the brief was Robert E. Cohn. Anthony R. Picarello, Jr., Derek L. Gaubatz, Gregory G. Garre, and Jessica L. Ellsworth entered appearances., Robert L. Greene was on the brief for amici curiae Advocates for Faith and Freedom, et al. in support of petitioners., Benna Ruth Solomon argued the cause for intervenor.   With her on the brief were Suzanne M. Loose, Sean H. Donahue, Michael G. Schneiderman, and David T. Goldberg.

  • For Appellees:
  • Mary A. Thurston, Attorney, U.S. Department of Justice, argued the cause for respondent.   With her on the brief were Todd S. Aagaard and Lisa E. Jones, Attorneys.
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