2013 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-24-2013

First Korean Church of New York v. Cheltenham

Township Zoning Hea

Precedential or Non-Precedential: Non-Precedential

Docket No. 12-1917

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Recommended Citation

"First Korean Church of New York v. Cheltenham Township Zoning Hea" (2013). 2013 Decisions. Paper 1339.

http://digitalcommons.law.villanova.edu/thirdcircuit_2013/1339
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

_____________

No. 12-1917

_____________

FIRST KOREAN CHURCH OF 

NEW YORK, INC.,

 Appellant 

v.

CHELTENHAM TOWNSHIP ZONING HEARING BOARD; 

CHELTENHAM TOWNSHIP

_____________

 

On Appeal from the United States District Court

for the Eastern District of Pennsylvania 

District Court No. 2-05-cv-06389

District Judge: The Honorable Norma L. Shapiro

 

Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

January 14, 2013

Before: SMITH, CHAGARES, and BARRY, Circuit Judges

(Filed: January 24, 2013) 
2

_____________________

JUDGMENT ORDER

_____________________

SMITH, Circuit Judge.

This cause came on to be considered on the record from the United States 

District Court for the Eastern District of Pennsylvania and was submitted on 

January 14, 2013. First Korean Church of New York, Inc. alleges that the 

Cheltenham Township and its Zoning Hearing Board violated its First Amendment 

right to religious freedom, its Fourteenth Amendment right to equal protection, and

its rights under the Religious Land Use and Institutionalized Persons Act of 2000 

by preventing First Korean from using its property as a church and seminary. The 

parties filed cross-motions for summary judgment. The District Court granted 

summary judgment in favor of the Cheltenham Township and its Zoning Hearing 

Board on all of First Korean’s claims (and correspondingly denied First Korean’s 

cross-motion for summary judgment). First Korean then timely appealed the 

District Court’s decision to this Court.

The District Court had federal-question jurisdiction under 28 U.S.C. § 1331, 

and we exercise appellate jurisdiction under 28 U.S.C. § 1291. We conduct 

plenary review of the District Court’s grant of summary judgment. Funk v. 

CIGNA Grp. Ins., 648 F.3d 182, 190 (3d Cir. 2011). For substantially the same 
3

reasons as those given by the District Court, we will affirm the District Court’s 

grant of summary judgment in favor of the Cheltenham Township and the 

Cheltenham Zoning Hearing Board on all of First Korean Church’s claims.

On consideration whereof, it is now hereby ADJUDGED and ORDERED 

that the judgment of the District Court entered February 29, 2012, be and the same 

is hereby AFFIRMED. Costs taxed against Appellant.

Attest:

Clerk

Marcia M. Waldron,

DATED: January 24, 2013