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

FERNANDEZ, Circuit Judge, with whom RYMER, T.G. NELSON, and RAWLINSON, Circuit Judges, join,

dissenting.

This litigation has been in the federal courts for over 10 years, while Paulson and others have attempted to have the latest Mt. Soledad cross torn down.1 Under the lash of court orders, including a prior appeal to this court,2 the city finally satisfied the. district court that it had disposed of the cross and a sufficient amount of surrounding property in a neutral process that conveyed those to the highest private bidder. There is absolutely no relevant dispute over the historical facts…