Legal Opinion · Concurrence
Kong v. City of San Francisco
Court of Appeals for the Ninth Circuit
Decided September 5, 2001No. 00-15261; D.C. No. CV-97-04072-MMC/MJPublished
1ConcurrenceCanby, Circuit Judge
CANBY, Circuit Judge.
I agree with the majority that there is sufficient evidence in the record to support the district court’s ruling that the auction was properly conducted. Were I deciding this case without the constraint of our very recent decision in Paulson v. City of San Diego, 262 F.3d 885 (9th Cir.2001), however, I would conclude that the present arrangement violates the State’s “no preference” clause1 and the Constitution’s Establishment Clause. I find it highly significant that the land in question was part of a public park that had an impermissible religious cross on it, and then…
2Cases cited3 opinions
- Freedom From Religion Foundation, Inc., and Clarence Reinders v. City of Marshfield, Wisconsin and Henry Praschak Memorial Fund, Inc.Court of Appeals for the Seventh Circuit · 2000
- Ellis v. City of La MesaCourt of Appeals for the Ninth Circuit · 1993
- Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.Court of Appeals for the Ninth Circuit · 2001