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EUGENE SAND & GRAVEL, INC. v. CITY OF EUGENE

552 P.2d 596 (1976)

EUGENE SAND & GRAVEL, INC., an Oregon Corporation, Appellant, and American Legion Post #3, Department of Oregon, a Non-Profit Corporation of the State of Oregon, for and On Behalf of All Duly Constituted and Organized Veterans Organizations with Chapters or Posts Located within the City of Eugene, Intervenor-Appellant, v. CITY OF EUGENE, of Lane County, Oregon, a Municipal Corporation, et al., All Original Defendants in Lane County Circuit Court Case #76314, and Lester E. Anderson, in His Official Capacity As Mayor of Eugene, et al., All Original Plaintiffs in Lane County Circuit Court Case #76314, Respondents.

Court of Appeals of Oregon.

Decided July 26, 1976.

Attorney(s) appearing for the Case

William G. Wheatley, Eugene, argued the cause for appellant Eugene Sand & Gravel, Inc. With him on the briefs were Jaqua & Wheatley, Eugene.

Dudley C. Walton, Asst. Dept. of Judge Advocate, Dept. of Oregon American Legion, Roseburg, argued the cause for intervenor-appellant American Legion Post #3, Dept. of Oregon. With him on the briefs was C.S. Emmons, Judge Advocate District #3, Dept. of Oregon American Legion, Albany.

Leslie M. Swanson, Jr., Eugene, argued the cause for respondents individual defendants. With him on the brief were Terence J. Hammons and Hammons, Phillips & Jensen, Cooperating Attys., American Civil Liberties Union of Oregon, Eugene.

Jack A. Gardner, Eugene, appeared for respondents city defendants.

Larry R. Roloff, Eugene, filed a brief amicus curiae for American Rights Council, Inc.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

SCHWAB, Chief Judge.

This case involves a 51-foot-tall prestressed concrete tapered Latin cross located in a city park on a hill in Eugene, Oregon. This cross has been the subject of extensive litigation in the trial court in the 1960's and numerous opinions of the Supreme Court during the year 1969 commencing at 254 Or. 518, 451 P.2d 117 under the title of Lowe et al, Respondents, v. City of Eugene et al, Defendants, Eugene Sand...

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