Legal Opinion
Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.
Court of Appeals for the Ninth Circuit
Decided August 22, 2001No. 00-55406PublishedCited by 3 opinions
1Opinion of the Court
HUG, Circuit Judge:
We are presented with the issue of whether the presence of a Latin cross on private property surrounded by publicly maintained park land atop Mount Soledad in San Diego, California, violates the California and United States Constitutions. The cross sits on land previously owned by the city of San Diego. The district court earlier had issued an injunction against the cross’s presence on publicly owned land for violation of the No Preference Clause of the California Constitution. The city subsequently sold a half acre parcel beneath the cross through a publicized and open…
2Cases cited14 opinions
- Lemon v. KurtzmanSupreme Court of the United States · 1971
- Lynch v. DonnellySupreme Court of the United States · 1984
- County of Allegheny v. American Civil Liberties UnionSupreme Court of the United States · 1989
- Capitol Square Review & Advisory Board v. PinetteSupreme Court of the United States · 1995
- 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
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3Cited by3 opinions
- Kong v. City of San FranciscoCourt of Appeals for the Ninth Circuit · 2001
- Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.Court of Appeals for the Ninth Circuit · 2002
- Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.Court of Appeals for the Ninth Circuit · 2002