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Margaret Boyajian, Charles Counselman and Jean Dickinson, Plaintiffs, Appellants, v Thomas Gatzunis, Building Inspector of the Town of Belmont; John W Gahan III; As Member of the Zoning Board of Appeals of the Town of Belmont; William D Chin, As Member of the Zoning Board of Appeals of the Town of Belmont; Thomas P Callahan, JR , As Member of the Zoning Board of Appeals of the Town of Belmont; Carlo Tagariello, As Member of the Zoning Board of Appeals of the Town of Belmont; Anthony Leccese, As Member of the Zoning Board of Appeals of the Town of Belmont; James D Harrington, As Member of the Zoning Board of Appeals of the Town of Belmont; Charles H Reardon, As Member of the Zoning Board of Appeals of the Town of Belmont; Karl Tobiason, As Member of the Zoning Board of Appeals of the Town of Belmont; Corporation of the Presiding Bishop of the Church of Latter Day Saints; Defendants, Appellees   flag 

212 F3d 1
United States Court of Appeals, First Circuit
United States
2nd May, 2000

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Margaret Boyajian, Charles Counselman and Jean Dickinson, Plaintiffs, Appellants, v Thomas Gatzunis, Building Inspector of the Town of Belmont; John W Gahan III; As Member of the Zoning Board of Appeals of the Town of Belmont; William D Chin, As Member of the Zoning Board of Appeals of the Town of Belmont; Thomas P Callahan, JR , As Member of the Zoning Board of Appeals of the Town of Belmont; Carlo Tagariello, As Member of the Zoning Board of Appeals of the Town of Belmont; Anthony Leccese, As Member of the Zoning Board of Appeals of the Town of Belmont; James D Harrington, As Member of the Zoning Board of Appeals of the Town of Belmont; Charles H Reardon, As Member of the Zoning Board of Appeals of the Town of Belmont; Karl Tobiason, As Member of the Zoning Board of Appeals of the Town of Belmont; Corporation of the Presiding Bishop of the Church of Latter Day Saints; Defendants, Appellees United States Court of Appeals, First Circuit United States 2 May 2000 WorldLII flag

Legislation Cited

Legislation Name Provision
Constitution
First Amendment

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Rojas v Fitch Rojas 127 F3d 184 United States Court of Appeals, First Circuit United States 9 Oct 1997 WorldLII flag 5
LeBlanc-Sternberg v Fletcher 67 F3d 412 United States Court of Appeals, Second Circuit United States 21 Sep 1995 WorldLII flag 38
Cohen v City of Des Plaines 8 F3d 484; 62 USLW 2283 United States Court of Appeals, Seventh Circuit United States 6 Dec 1993 WorldLII flag 11
Church of the Lukumi Babalu Aye, Inc v City of Hialeah 508 US 520; 124 L Ed 2d 472; 113 SCt 2217 United States Supreme Court United States 11 Jun 1993 WorldLII flag 128
Cornerstone Bible Church v City of Hastings 948 F2d 464 United States Court of Appeals, Eighth Circuit United States 1 Nov 1991 WorldLII flag 19
Christian Gospel Church Inc v City and County of San Francisco 896 F2d 1221 United States Court of Appeals, Ninth Circuit United States 27 Feb 1990 WorldLII flag 10
Texas Monthly, Inc v Bullock 489 US 1; 103 L Ed 2d 1; 109 SCt 890 United States Supreme Court United States 21 Feb 1989 WorldLII flag 45
Forest Hills Early Learning Center Inc 846 F2d 260; 46 Ed Law Rep 1123; 56 USLW 2658 United States Court of Appeals, Fourth Circuit United States 3 Aug 1988 WorldLII flag 5
Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v Amos 483 US 327; 97 L Ed 2d 273; 107 SCt 2862 United States Supreme Court United States 24 Jun 1987 WorldLII flag 86
Hobbie v Unemployment Appeals Comm'n of Florida 480 US 136; 94 L Ed 2d 190; 107 SCt 1046 United States Supreme Court United States 25 Feb 1987 WorldLII flag 72
Estate of Thornton v Caldor, Inc 472 US 703; 86 L Ed 2d 557; 105 SCt 2914 United States Supreme Court United States 26 Jun 1985 WorldLII flag 35
Wallace v Jaffree 472 US 38; 86 L Ed 2d 29; 105 SCt 2479; 25 Ed Law Rep 39 United States Supreme Court United States 4 Jun 1985 WorldLII flag 189
Lynch v Donnelly 465 US 668; 79 L Ed 2d 604; 104 SCt 1355; 52 USLW 4317 United States Supreme Court United States 5 Mar 1984 WorldLII flag 245
Mueller v Allen 463 US 388; 77 L Ed 2d 721; 103 SCt 3062; 11 Ed Law Rep 763 United States Supreme Court United States 29 Jun 1983 WorldLII flag 84
Committee for Public Education v Nyquist 413 US 756; 37 L Ed 2d 948; 93 SCt 2955 United States Supreme Court United States 25 Jun 1973 WorldLII flag 142
Wisconsin v Yoder 406 US 205; 32 L Ed 15; 32 L Ed 2d 15; 92 SCt 1526 United States Supreme Court United States 15 May 1972 WorldLII flag 430
Lemon v Kurtzman 403 US 602; 29 L Ed 2d 745; 91 SCt 2105 United States Supreme Court United States 28 Jun 1971 WorldLII flag 465
Walz v Tax Commission 397 US 664; 25 L Ed 2d 697; 90 SCt 1409 United States Supreme Court United States 4 May 1970 WorldLII flag 243
Zorach v Clauson 343 US 306; 96 L Ed 954; 72 SCt 679 United States Supreme Court United States 28 Apr 1952 WorldLII flag 162
Everson v Board of Education 330 US 1; 91 L Ed 711; 67 SCt 504; 91 L Ed 2d 711 United States Supreme Court United States 10 Mar 1947 WorldLII flag 296
616 Ne2d 433 616 NE2d 433 United States circa 1947 flag 1
SeeTrustees of Tufts College v City of Medford 415 Mass 753 United States - Massachusetts flag 1
391 Ne2d 279 391 NE2d 279 United States flag 1
Attorney General v Dover 327 Mass 601 United States - Massachusetts flag 1
212 f3d 1 United States Westlaw flag 1
"State RFRAs [Religious Freedom Restoration Acts] and Land Use Regulation," 32 UC Davis Law Review 755 U.C. Davis Law Review United States HeinOnline / LexisNexis flag 4
"The Need for Legislation to Enshrine Free Exercise in the Land Use Context," 32 UC Davis Law Review 725 U.C. Davis Law Review United States HeinOnline / LexisNexis flag 2
"Re-Evaluating the Balance Between Zoning Regulations and Religious and Educational Uses," 8 Pace Law Review 1 Pace Law Review United States HeinOnline / LexisNexis flag 1
Bible Speaks v Board of Appeals of Lenox 8 Mass App Ct 19 United States - Massachusetts flag 1
Concerned Citizens of Carderock v Hubbard

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