TRUNK v. CITY OF SAN DIEGO

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

568 F.Supp.2d 1199 (2008)

Steve TRUNK, Plaintiff, v. CITY OF SAN DIEGO, United States of America, Robert M. Gates, Secretary of Defense and Does 1 through 100, inclusive, Defendants. Mount Soledad Memorial Association, Real Party in Interest. Jewish War Veterans of the United States of America, Inc., Richard A. Smith, Mina Sagheb, and Judith M. Copeland, Plaintiffs, v. Robert M. Gates, Secretary of Defense, in his official capacity, Defendant.

United States District Court, S.D. California.

July 29, 2008.


Attorney(s) appearing for the Case

James E. McElroy, Law Offices of James E. McElroy, San Diego, CA, Justin S. Rubin, Wilmerhale, Matthew T. Jones, Eric R. Columbus, A. Stephen Hut, Jr., Wilmer Cutler Pickering Hale and Dorr, Daniel Mach, American Civil Liberties Union Foundation, Lane Dilg, ACLU Program On Freedom of Religion and Belief, Washington, DC, for Plaintiff.

James E. McElroy, Law Offices of James E. McElroy, San Diego, CA, Justin S. Rubin, Matthew T. Jones, Eric R. Columbus, A. Stephen Hut, Jr., Wilmer, Cutler, Pickering, Hale and Dorr, Daniel Mach, American Civil Liberties Union Foundation, Lane Dilg, ACLU Program on Freedom of Religion and Belief, Washington, DC, for Plaintiffs.

Thomas C. Stahl, US Attorneys Office, George F. Schaefer, Law Offices of George F. Schaefer, San Diego, CA, David L. Negri, US Department of Justice, Boise, ID, E. Kenneth Stegeby, Peter McVeigh, US Department of Justice, Washington, DC, for Defendants.

George F. Schaefer, Law Offices of George F. Schaefer, Thomas C. Stahl, U S Attorney CR, U S Attorneys Office Southern District of California, San Diego, CA, David L. Negri, US Department of Justice, Boise, ID, E. Kenneth Stegeby, Peter McVeigh, US Department of Justice, Washington, DC, for Defendants. Charles V. Berwanger, Gordon and Rees, San Diego, CA, for Real Party in Interest.

Charles V. Berwanger, Gordon and Rees, San Diego, CA, for Real Party in Interest.

A Stephen Hut, Jr., Jonathan H. Siegelbaum, Wilmer Cutler Pickering Hale and Dorr, Lane Dilg, ACLU Program on Freedom of Religion and Belief, Washington, DC, for Plaintiffs.

U.S. Attorney CV, U.S. Attorneys Office Southern District of California, San Diego, CA, for Defendant.


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. Soledad 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...

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