10th Circuit Issues Slightly Revised Opinion In Land Use Case

On Tuesday, the U.S. 10th Circuit Court of Appeals vacated its former opinion in Grace United Methodist Church v. City of Cheyenne, (10th Cir., June 20, 2006), and issued a revised opinion with minor changes in it, again rejecting a church's appeal of a ruling that prevented it from constructing a day care center on property it owned. The Court of Appeals also upheld the district court's decision that Mountainview Homeowner's Association had standing to intervene in the case.