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Board of Trustees of Scarsdale v. McCreary

U.S.
Mar 27, 1985
471 U.S. 83 (1985)

Summary

In McCreary, the Village of Scarsdale, New York, refused a civic group's request to place a creche in a city-owned park in the center of the business district during the winter holiday season.

Summary of this case from American Jewish Congress v. City of Chicago

Opinion

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

No. 84-277.

Argued February 20, 1985 Decided March 27, 1985

739 F.2d 716, affirmed by an equally divided Court.

Marvin E. Frankel argued the cause for petitioners. With him on the briefs was Marc D. Stern.

Marvin Schwartz argued the cause for respondents and filed a brief for respondents Scarsdale Creche Committee et al. Vincent K. Gilmore filed a brief for respondents McCreary et al.

Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Burt Neuborne, Charles S. Sims, Norman Dorsen, and Steven R. Shapiro; for the American Jewish Committee et al. by Samuel Rabinove; and for the Anti-Defamation League of B'nai B'rith et al. by Ruti G. Teitel, Meyer Eisenberg, Justin J. Finger, and Jeffrey P. Sinensky.
Solicitor General Lee, Acting Assistant Attorney General Willard, and Deputy Solicitor General Bator filed a brief for the United States as amicus curiae urging affirmance.
Steven Frederick McDowell filed a brief for the Catholic League for Religious and Civil Rights as amicus curiae.


The judgment is affirmed by an equally divided Court.

JUSTICE POWELL took no part in the decision of this case.


Summaries of

Board of Trustees of Scarsdale v. McCreary

U.S.
Mar 27, 1985
471 U.S. 83 (1985)

In McCreary, the Village of Scarsdale, New York, refused a civic group's request to place a creche in a city-owned park in the center of the business district during the winter holiday season.

Summary of this case from American Jewish Congress v. City of Chicago
Case details for

Board of Trustees of Scarsdale v. McCreary

Case Details

Full title:BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE ET AL. v . McCREARY ET AL

Court:U.S.

Date published: Mar 27, 1985

Citations

471 U.S. 83 (1985)
105 S. Ct. 1859

Citing Cases

Kreisner v. City of San Diego

Cf. Allegheny County, 492 U.S. at 600 n. 50, 109 S.Ct. at 3104 n. 50 (creche display on courthouse staircase…

Kaplan v. City of Burlington

McCreary v. Stone, 739 F.2d 716 (2d Cir. 1984), aff'd by an equally divided Court sub nom. Board of Trustees…