Legal Opinion

Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.

Court of Appeals for the Ninth Circuit

Decided June 26, 2002No. 00-55406PublishedCited by 61 opinions

1Opinion of the Court

Opinion by Judge GRABER; Dissent by Judge FERNANDEZ.

GRABER, Circuit Judge.

This appeal is the latest chapter in a protracted saga centered around a 43-foot-high Latin cross that stands atop Mt. Soledad in San Diego, California. In an earlier chapter, we held that the presence of the cross in a publicly owned park violates the California Constitution, and we therefore affirmed an injunction forbidding the city from maintaining the cross on public land. In this chapter, we hold that the way in which the City of San Diego sold the cross to a private entity, which now maintains the cross, also…

2Cases cited16 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Herrington v. County of SonomaCourt of Appeals for the Ninth Circuit · 1993
  3. Ellis v. City of La MesaCourt of Appeals for the Ninth Circuit · 1993
  4. Leone v. Medical Bd. of Cal.California Supreme Court · 2000
  5. California Educational Facilities Authority v. PriestCalifornia Supreme Court · 1974

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3Cited by61 opinions

  1. Mudpie, Inc. v. Travelers Casualty InsuranceCourt of Appeals for the Ninth Circuit · 2021
  2. United States v. Eric Colin, United States of America v. Efrain Estrada-NavaCourt of Appeals for the Ninth Circuit · 2002
  3. JustMed, Inc. v. ByceCourt of Appeals for the Ninth Circuit · 2010
  4. Trunk v. City of San DiegoCourt of Appeals for the Ninth Circuit · 2011
  5. Jewish War Veterans of the United States of America, Inc. v. GatesDistrict Court, District of Columbia · 2007

56 more not listed; retrieve them via the Exa API.

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