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WESLEYAN METHODIST CHURCH v. VILLAGE OF CANISTEO

No. 10-CV-6346 CJS.

792 F.Supp.2d 667 (2011)

WESLEYAN METHODIST CHURCH OF CANISTEO, New York, Plaintiff v. The VILLAGE OF CANISTEO, Village of Canisteo Zoning Board of Appeals, James Schieder, Joseph Harrington, John Florence, Richard Canne, Defendants.

United States District Court, W.D. New York.

June 1, 2011.

Attorney(s) appearing for the Case

Gabriel V. Rossettie, Esq., Rossettie, Rossettie & Martino, Corning, NY, for Plaintiff.

Terry A. Rice, Esq., Rice & Amon, Suffern, NY, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Wesleyan Methodist Church of Canisteo ("Plaintiff") commenced this action under the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc et seq., after Defendants denied Plaintiff's request to build a church in a light industrial zoning district in which churches are prohibited. Plaintiff maintains that such prohibition substantially...

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