Opinion
20-1896
08-30-2022
MORNINGSTAR FELLOWSHIP CHURCH, Plaintiff - Appellant, v. YORK COUNTY, SOUTH CAROLINA; JAMES E. BAKER; HOUSTON MOTZ, "Buddy"; MICHAEL JOHNSON, Defendants - Appellees.
Donald M. Brown, Jr., BROWN &ASSOCIATES, PLLC, Charlotte, North Carolina, for Appellant. W. Keith Martens, HAMILTON MARTENS, LLC, Rock Hill, South Carolina; Michael Kendree, York County Attorney, York, South Carolina, for Appellees.
UNPUBLISHED
Submitted: August 19, 2022
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. J. Michelle Childs, District Judge. (0:18-cv-03077-JMC)
ON BRIEF:
Donald M. Brown, Jr., BROWN &ASSOCIATES, PLLC, Charlotte, North Carolina, for Appellant.
W. Keith Martens, HAMILTON MARTENS, LLC, Rock Hill, South Carolina; Michael Kendree, York County Attorney, York, South Carolina, for Appellees.
Before AGEE and THACKER, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
MorningStar Fellowship Church ("MorningStar") appeals the district court's order granting York County's motion to dismiss as time-barred MorningStar's claim pursuant to the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc-2000cc-5. We affirm.
We review de novo a district court's dismissal under Fed.R.Civ.P. 12(b)(6). Rockville Cars, LLC v. City of Rockville, 891 F.3d 141, 145 (4th Cir. 2018). In doing so, we "accept the factual allegations of the complaint as true and construe them in the light most favorable to the nonmoving party." Id.
We have reviewed the record and conclude that the district court did not reversibly err in its determination that Morningstar's RLUIPA claim was barred under the applicable four-year statute of limitations. See 28 U.S.C. § 1658; Nat'l Advert. Co. v. City of Raleigh, 947 F.2d 1158, 1166-67 (4th Cir. 1991) (discussing continuing violations doctrine). Accordingly, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
MorningStar has forfeited appellate review of all other claims adjudicated by the district court in this case by not raising those issues in its opening brief. See Grayson O Co. v. Agadir Int'l, LLC, 856 F.3d 307, 316 (4th Cir. 2017).