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COUNTRY HILLS CHRISTIAN CH. v. UN. SCH. DIST. 512

Civ. A. No. 82-2345.

560 F.Supp. 1207 (1983)

COUNTRY HILLS CHRISTIAN CHURCH, et al., Plaintiffs, v. UNIFIED SCHOOL DISTRICT NO. 512, JOHNSON COUNTY, STATE OF KANSAS, a/k/a Shawnee Mission School District, et al., Defendants.

United States District Court, D. Kansas.

On Motion for New Trial April 28, 1983.

Attorney(s) appearing for the Case

Dan M. Peterson, Barbara Luann Ridgeway, Gulf & Great Plains Legal Foundation of America, Kansas City, Mo., Marvin E. Rainey, Rainey & Wiglesworth, Overland Park, Kan., for plaintiffs.

Robert F. Bennett, John L. Vratil, Bennett, Lytle, Wetzler, Winn & Martin, Prairie Village, Kan., for defendants.

MEMORANDUM & ORDER

SAFFELS, District Judge.

This is a lawsuit for a declaratory judgment and permanent injunction ordering defendants to make the facilities of the Shawnee Mission School District open to plaintiffs for purposes of religious worship on the same basis as it does to non-religious groups. The case turns on three questions. (1) Have the defendants created a public forum? (2) Can the defendants constitutionally deny a group access to a public...

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