Brashich v. Port Authority of New York & New Jersey
Opinion of the Court
Deyan Brashich’s trial before Judge Pierce ended in dismissal of his complaint on the merits and for lack of standing to sue. Brashich brought this suit to challenge the leasing of land at JFK Airport to three religious groups, for the purpose of constructing chapels. He claimed that the Port Authority of New York and New Jersey, which operates the airport, subsidizes the chapels in numerous ways, and that in any case, the erection of denominational houses of worship on public lands in the absence of residential necessity for the provision of such services constitutes a violation of the Establishment Clause.
The Third Circuit’s recent decision in Americans United for Separation of Church and State, Inc. v. United States Department of Health, Education & Welfare, 619 F.2d 252 (3d Cir. 1980)
The judgment of the district court on the merits was fully supported by the evidence and correct as a matter of law. There is substantial evidence in the record to support the finding that “the Port Authority does not sponsor, subsidize or interfere with the religious groups which operate chapels at the Airport. Nor does it advise them on the conduct of their institutions.” Moreover, there is no merit in appellant’s claim that the availability of houses of worship in the vicinity of the airport renders
Accordingly, the judgment of the district court is affirmed.
. Because the case at bar, 628 F.2d 1344, was decided on April 28, 1980, by summary order, it did not have the appropriate citation to the case in the text. The proper citation is Americans United for Separation of Church and State, Inc. v. United States Department of Health, Education and Welfare, 619 F.2d 252 (3d Cir. 1980), rev'd sub nom. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982).
Reference
- Full Case Name
- Deyan Ranko BRASHICH v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Alan Sagner, and John Doe 1 through 10 Inclusive, Names Being Fictitious But to be Supplied at Completion of Discovery Roman Catholic Church of Our Lady of the Skies the Council of Churches of the City of New York, Inc., and the International Synagogue and Jewish Center, Inc.
- Cited By
- 7 cases
- Status
- Published