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· 3/7/2005

Sts. Constantine and Helen Greek Orthodox Church, Inc., and John W. Demetropoulos v. City of New Berlin and Telesfore Wysocki

Citations

  • 396 F.3d 895
  • 2005 WL 221964

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that to establish substantial burden, a religious group need not “show that there was no other parcel of land on which it could build its church”
  • holding that such factors may constitute a substantial burden
  • noting that RLUIPA's substantial burden test aims to protect religious groups from “subtle forms of discrimination when, as in the case of the grant or denial of zoning variances, a state delegates essentially stan-dardless discretion to nonprofessionals operating without procedural safeguards”
  • warning of the “vulnerability of religious institutions — especially those that are not affiliated with the mainstream [Christian] sects ... to subtle forms of discrimination”
  • addressing a challenge to city’s denial of permit to rezone existing tract of land so that plaintiff could build a church
  • addressing a challenge to city’s denial of permit to rezone existing tract of land so that plaintiff could build a church

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Manion, Evans

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.