For Your Data Messiah Baptist Church Building V. County Of Jefferson Example Brief

Messiah Baptist Church v. County of Jefferson representative brief summary
859 F.2d 820 (1988)

CASE SYNOPSIS

Plaintiffs, a church building in addition to diverse individuals that represented a class, appealed from an lodge of the United States District Court for the District of Colorado which upheld the constitutionality of zoning regulations in addition to that granted summary judgment to defendants, county in addition to board of commissioners, inward an activeness for damages under 42 U.S.C.S. §1983 alleging that the zoning regulations violated plaintiffs' rights nether the outset in addition to fourteenth U.S. Constitutional amendments.

CASE FACTS
Plaintiffs, a church building in addition to diverse individuals representing a class, purchased vacant province zoned agricultural (A-2) in addition to applied for a edifice allow for a novel identify of worship. Defendants, county in addition to board of commissioners, denied the application because the A-2 zoning ordinances prohibited churches, fifty-fifty equally exceptional uses. Plaintiffs filed a 42 U.S.C.S. §1983 action for damages, contending that defendants' zoning regulations were unconstitutional nether the Due Process Clause of U.S. Constitutional Amendment XIV in addition to the Free Exercise Clause of First Amendment of the U.S. Constitution. Both parties moved for summary judgment.

PROCEDURAL HISTORY
The district courtroom upheld the constitutionality of the zoning regulations in addition to granted defendant's displace for summary judgment. Plaintiffs appealed.

DISCUSSION

The courtroom ruled that the A-2 regulations did non infringe upon plaintiffs' protected freedom interests, in addition to affected solely holding interests, in addition to thence were constitutional because the regulations bore a substantial human relationship to the full general welfare of county residents in addition to were non arbitrary or unreasonable.
The courtroom held that the A-2 regulations did non regulate plaintiffs' religious beliefs or religious conduct.
Accordingly, the courtroom affirmed.

CONCLUSION

The courtroom affirmed the lodge that upheld the constitutionality of defendants', county in addition to board of commissioners, zoning regulations, granted defendants' displace to dismiss the activeness for damages filed past times plaintiffs, a church building in addition to diverse individuals that represented a class, in addition to denied the plaintiffs' displace for summary judgment.
The challenged zoning ordinances did non violate the plaintiffs' constitutional rights to due procedure nor did it violate their gratuitous practise of religion.

See also: Messiah Baptist Church v County of Jefferson representative (full text) on Google Scholar.

Suggested constabulary schoolhouse report materials