LOWE v. CITY OF EUGENE


451 P.2d 117 (1969)

Raymond N. LOWE, Corrinne R. Hill, W.A. Brooksby, Abe Brooks, G. Douglas Straton, Alfred Bloom, James Witzig, Claire L. Newport, Dirk P. Ten Brinke and E. Jean Ware, Respondents, v. CITY OF EUGENE, of Lane County, Oregon, a Municipal Corporation; Edwin E. Cone in His Official Capacity As Mayor of Eugene; Lester E. Anderson, John O. Chatt, R.G. Crakes, Ray Hawk, Bruce A. Lassen, Catherine Lauris, R.E. McNutt, Glen L. Purdy, Each in His Official Capacity As a Member of the Common Council of Eugene; David D. Campbell Dba C & S Electric; Allen E. Hamilton, Allen E. Hamilton, Jr., Lillian T. Hamilton, Kenneth W. Hamilton; J.F. Oldham & Son, Inc., Defendants, Eugene Sand & Gravel, Inc., Appellant.

Supreme Court of Oregon, In Banc.

Decided February 26, 1969.


Attorney(s) appearing for the Case

William G. Wheatley, Eugene, argued the cause for appellant. With him on the briefs were William E. Flinn, and Jaqua, Wheatley & Gardner, Eugene, and Warren Cameron, Special Counsel, Seattle, Wash.

James P. Harrang, Eugene, and Leo Pfeffer, New York City, argued the cause for respondents. With them on the brief was Barbara B. Aldave, Eugene.

Howard M. Feuerstein, Portland, filed a brief for American Civil Liberties Union of Oregon as amicus curiae.

Richard D. Curtis, and Hansen & Curtis, Eugene, filed a brief for Leslie D. Erb, Alma M. Erb, Hazel H. Tillman, B.D. Dotson, Elsie L. Dotson, Mary Kay Williamson, Wayne H. Oldaker, Laurel J. Williams, Anna M. Jeppesen, James A. Brabham and Michael L. Wright as citizens of the City of Eugene as amici curiae.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and LANGTRY, JJ.


LANGTRY, Justice pro tem.

The crest of Skinner's Butte overlooks the City of Eugene and is within the city limits. It was donated to the city and for many years it has been maintained as a public park. From the late 1930's until 1964 successive wooden crosses were erected in this park, one replacing another as they deteriorated. These crosses were usually lighted at the Christmas and Easter seasons. One of the early crosses was large and neon-lighted. Construction...

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