Roman Catholic Bishop of Springfield v. City of Springfield, et al

Filing 43

Judge Michael A. Ponsor: ORDER entered. MEMORANDUM AND ORDER on remand from the court of appeals for the first circuit. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
ROMAN CATHOLIC BISHOP OF
SPRINGFIELD,
Plaintiff
v.
CITY OF SPRINGFIELD, ET AL.,
Defendants

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C.A. No. 10-cv-30033-MAP

MEMORANDUM AND ORDER ON REMAND
FROM THE COURT OF APPEALS
FOR THE FIRST CIRCUIT
August 26, 2013
PONSOR, U.S.D.J.
Based on the judgment entered by the United States
Court of Appeals for the First Circuit on July 22, 2013, the
court hereby orders as follows:
1. The grant of summary judgment in favor of
Defendant City of Springfield on Counts 3 and 4 of
the Complaint is hereby VACATED. These counts are
hereby DISMISSED, without prejudice.
2. The grant of summary judgment on Counts 1, 2,
8, and 9, to the extent that these counts allege a
challenge to the potential future effects of the
application process under the Ordinance, is hereby
VACATED. These counts, to the extent indicated,
are hereby DISMISSED, without prejudice.
3. The grant of summary judgment on Counts, 1, 2,
8, and 9, in all other respects will stand.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge