Trunk v. City of San Diego

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

LARRY ALAN BURNS, District Judge.

I. Introduction

For 54 years, a Latin cross has stood as part of a veterans’ memorial atop Mt. Sole-dad in the San Diego community of La Jolla. In 2006, Congress acquired the site by eminent domain from the City of San Diego, ostensibly to ensure its preservation. The Jewish War Veterans of the United States of America, Inc. (“Jewish Veterans” or “JV”) and four individual plaintiffs brought suit against the United States, challenging Congress’ taking…