Plaintiff filed a lawsuit in federal district court alleging that a municipal zoning ordinance discriminated against churches and other religious assemblies because none of the city’s zoning districts allowed churches as a permitted use and instead required a special use permit. The district court granted summary judgment in favor of the defendant and denied the church’s motion for relief from judgment. The plaintiff did not appeal from the district court’s entry of summary judgment, but rather only appealed the denial of plaintiff’s motion for relief from judgment under FRCP 60(b). The Seventh Circuit affirmed, noting first that the case arrived through an “unusual” procedural posture but finding it nonetheless had both appellate and subject matter jurisdiction and then finding that the district court did not abuse its discretion in denying the Rule 60(b) motion. (ROVNER and JACKSON-AKIWUMI, concurring)
Federal 7th Circuit Court
Civil Court
Municipal Law