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ALIVE CHURCH OF NAZARENE v. PRINCE WILLIAM COUNTY

No. 21-2392.

59 F.4th 92 (2023)

ALIVE CHURCH OF THE NAZARENE, INC., Plaintiff-Appellant, v. PRINCE WILLIAM COUNTY, VIRGINIA, Defendant-Appellee. The General Conference of Seventh-day Adventists; the Jewish Coalition for Religious Liberty, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 31, 2023.

Attorney(s) appearing for the Case

ARGUED: Benjamin Paul Sisney, THE AMERICAN CENTER FOR LAW & JUSTICE, Washington, D.C., for Appellant. Alan Frederic Smith, PRINCE WILLIAM COUNTY ATTORNEY'S OFFICE, Prince William, Virginia, for Appellee. ON BRIEF: Erik W. Stanley, PROVIDENT LAW, Scottsdale, Arizona; Jordan Sekulow, Stuart J. Roth, Colby M. May, THE AMERICAN CENTER FOR LAW & JUSTICE, Washington, D.C., for Appellant. Curt G. Spear, Jr., Deputy County Attorney, PRINCE WILLIAM COUNTY ATTORNEY'S OFFICE, Prince William, Virginia, for Appellee. Christopher Pagliarella, YALE LAW SCHOOL FREE EXERCISE CLINIC, Washington, D.C.; Gordon D. Todd, John L. Gibbons, William Thompson, III, SIDLEY AUSTIN LLP, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge King wrote the opinion, in which Judge Heytens and Judge Lydon joined.

In November 2018, plaintiff Alive Church of the Nazarene, Inc. (the "Church"), purchased 17 acres of land — zoned primarily for agricultural use — on which the Church sought to conduct religious assemblies. After defendant Prince William County, Virginia (the "County") denied the Church's request to worship on...

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