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213079P.pdf   08/30/2023  The Satanic Temple  v.  City of Belle Plaine
   U.S. Court of Appeals Case No:  21-3079
                          and No:  21-3081
   U.S. District Court for the District of Minnesota   
[PUBLISHED] [Kobes, Author, with Loken and Erickson, Circuit Judges] Civil case - Constitutional law. The City did not violate the Temple's free speech rights by closing Veterans Memorial Parak as a limited public forum and terminating permits to place statues in the park; with respect to the Temple's free exercise claims, the City's action did not target its display; the Temple did not state a claim under Article I, Section 16 of the Minnesota Constitution as the City's action did not burden the Temple's religious conduct or philosophy; the Temple's Equal Protection Clause claim fails as it has not plausibly alleged that it and the other group who sought a permit were similarly situated or that they were treated differently; with respect to the Temple's Religious Land Use and Institutionalized Persons Act claims, the Temple did not state a plausible claim; the permit and cover letter the Temple received permitted the City to rescind the permit and its action in doing so did not create a cause of action for promissory estoppel; the district court did not err in finding that certain claims raised in the Temple's first suit were barred by res judicata because the denial of leave to amend the complaint in that first suit constitutes res judicata on the merits of the claims; the magistrate judge had authority to decide the Temple's motion to amend its complaint and properly entered the order in the first case that constitutes the final judgment on the merits for res judicata purposes.