PAULSON v. ABDELNOUR

No. D047702.

51 Cal.Rptr.3d 575 (2006)

145 Cal.App.4th 400

Philip K. PAULSON, Plaintiff and Respondent, v. Charles ABDELNOUR, as City Clerk, etc., et al., Defendants and Appellants; San Diegans for the Mt. Soledad National War Memorial, Real Party in Interest and Appellant; Mike Shelby, Intervener and Appellant.

Court of Appeal of California, Fourth District, Division One.

November 30, 2006.


Attorney(s) appearing for the Case

Michael J. Aguirre, City Attorney, and David J. Karlin, Deputy City Attorney, for Defendants and Appellants.

Robert Tyler, Jay Alan Sekulow and Erik M. Zimmerman for Advocates for Faith & Freedom and American Center for Law & Justice as Amici Curiae on behalf of Defendants and Appellants.

Brian Chavez-Ochoa, Valley Springs, for The National Legal Foundation as Amicus Curiae on behalf of Defendant and Appellant Charles Abdelnour.

Sue Ellen Wooldridge, Assistant Attorney General, Ryan D. Nelson, Deputy Assistant Attorney General, and Kathryn E. Kovacs for the United States Department of Justice as Amicus Curiae on behalf of Defendant and Appellant City of San Diego.

Law Offices of Charles S. LiMandri, West Coast Regional Office of the Thomas More Law Center, Charles S. LiMandri and Teresa Mendoza, Rancho Santa Fe, for Real Party in Interest and Appellant.

Timothy D. Chandler, Folsom, for The American Legion and The American Legion Department of California as Amici Curiae on behalf of Real Party in Interest and Appellant.

Edwin Meese III and Eric Carleson for The American Civil Rights Union as Amicus Curiae on behalf of Real Party in Interest and Appellant.

Robert P. Ottilie, San Diego, for Intervener and Appellant.

James E. McElroy, San Diego, for Plaintiff and Respondent.


BENKE, Acting P.J.

In 1954 the City of San Diego (City) permitted a private veterans group to construct and thereafter maintain a large Latin cross (the cross)1 on city parkland at the top of Mount Soledad. In 1991 the United States District Court for the Southern District of California held that because a Latin cross is the preeminent symbol of Christianity, its placement on Mount Soledad...

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