TRUNK v. CITY OF SAN DIEGO

Nos. 06cv1597-LAB (WMc), 06cv1728-LAB (WMc).

547 F.Supp.2d 1144 (2007)

Steve TRUNK and Philip K. Paulson, Plaintiffs, v. CITY OF SAN DIEGO, United States of America, Donald H. Rumsfeld, Secretary of Defense and Does 1 through 100, inclusive, Defendants. Mount Soledad Memorial Association, Real Parties in Interest.

United States District Court, S.D. California.

November 7, 2007.


Attorney(s) appearing for the Case

James E. McElroy, Law Offices of James E. McElroy, John David Blair-Loy, ACLU of San Diego and Imperial Counties, San Diego, CA, Jonathan H. Siegelbaum, A. Stephen Hut, Jr., Wilmer Cutler Pickering Hale and Dorr, Lane Dilg, ACLU Program on Freedom of Religion and Belief, Washington, DC, for Plaintiff.

George F. Schaefer, Law Offices of George F. Schaefer, Thomas C. Stahl, U.S. Attorneys Office Southern District of California, Charles V. Berwanger, Gordon and Rees, San Diego, CA, David L. Negri, US Department of Justice, Boise, ID, Heide L. Herrmann, Jennifer L. Allaire, Kevin Stark Webb, United States Department of Justice, Washington, DC, for Defendant.

Peter Dominick Lepiscopo, Law Offices of Peter D. Lepiscopo, San Diego, CA, Edward L. White, III, Richard Thompson, Ann Arbor, MI, Justin S. Rubin, Wilmerhale, Matthew T. Jones, Eric R. Columbus, Wilmer Cutler Pickering Hale and Dorr, Daniel Mach, American Civil Liberties Union Foundation, Washington, DC, Robert H. Tyler, Advocates for Faith Freedom, Murrieta, CA, Charles Salvatore Limandri, Law Offices of Charles S. Limandri, Rancho Santa Fe, CA, for Third-Party Defendant.

Christine M. Davenport, Office of the General Counsel, US House of Representatives, Kerry W. Kircher, Office of the General Counsel, US House of Representatives, Washington, DC, for Intervenor.


ORDER DISMISSING CLAIMS FOR LACK OF STANDING; AND

ORDER DISMISSING CITY OF SAN DIEGO; AND

ORDER ENTERING JUDGMENT AS TO DISMISSED CLAIMS

LARRY ALAN BURNS, District Judge.

On September 8, 2006, Plaintiffs Steve Trunk and Philip Paulson filed their First Amended Complaint ("FAC") seeking declaratory and injunctive relief. Specifically, Plaintiffs seek a declaration that transfer of a certain parcel of land on Mt. Soledad to the federal...

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