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City Limits Number of Students at Church-Run School

A court ruled that this restriction does not violate the First Amendment.


• An Illinois state appeals court ruled that a city could limit the number of children attending a church-operated elementary school. A Lutheran church established an elementary school in 1983, receiving a special use permit from the city subject to an enrollment cap of 60 students. The permit was modified in 1987 to permit up to 75 students. The school soon exceeded this limit, and the church sought another modification allowing unlimited enrollment. The city rejected this request, and the church filed a lawsuit claiming that the city's action violated parents' first amendment right to freely exercise their religion. A trial court rejected the church's argument, but did raise the enrollment limit to 105 students. The church appealed this ruling to a state appeals court, which affirmed the trial court's decision. The court noted that the first amendment guaranty of religious freedom ...

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  • May 1, 1991

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