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ALPINE CHRISTIAN FELLOWSHIP v. PITKIN COUNTY

Civ. A. No. 91-M-675.

870 F.Supp. 991 (1994)

ALPINE CHRISTIAN FELLOWSHIP, a Colorado non-profit corporation and Church organized under the laws of the State of Colorado, Plaintiff, v. COUNTY COMMISSIONERS OF PITKIN COUNTY, The County of Pitkin, Colorado, Herschel Ross, in his official capacity as County Commissioner for Pitkin County, Jim True, in his official capacity as County Commissioner for Pitkin County, Collette Penne, in her official capacity as County Commissioner for Pitkin County, Wayne Ethridge, in his official capacity as County Commissioner for Pitkin County, Fred Crowley, in his official capacity as County Commissioner for Pitkin County, and Bill Tuite, in his official capacity as County Commissioner of Pitkin County, Defendants.

United States District Court, D. Colorado.

September 6, 1994.

Attorney(s) appearing for the Case

Robert E. Lees, Jeannette L. Nowling, Lees & Nowling, L.L.C., Denver, CO, Lynn M. Watwood, Jr. as representative of The Rutherford Inst., Denver, CO, for plaintiff.

Timothy E. Whitsitt, John M. Ely, Pitkin County Atty., Aspen, CO, for defendants.

MEMORANDUM OPINION AND ORDER

MATSCH, Chief Judge.

In this civil action, with jurisdiction provided by 28 U.S.C. §§ 1331 and 1343, the plaintiff seeks a declaratory judgment under 28 U.S.C. § 2201, et seq., and a permanent injunction to prevent the defendants from taking any action to prevent or interfere with the plaintiff's conduct of a church school in the church building located in the Holland Hills Subdivision in an unincorporated...

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