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SANTA MONICA NATIVITY SCENES COMM. v. CITY OF SANTA MONICA

No. 13-55011.

784 F.3d 1286 (2015)

SANTA MONICA NATIVITY SCENES COMMITTEE, a California non-profit association, Plaintiff-Appellant, v. CITY OF SANTA MONICA, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2015.

Attorney(s) appearing for the Case

William J. Becker (argued), Freedom X, Los Angeles, CA; Michael J. Peffer, Pacific Justice Institute, Santa Ana, CA, for Plaintiff-Appellant.

Yibin Shen (argued), Deputy City Attorney, Jeanette Schachtner, Chief Deputy City Attorney, Barry A. Rosenbaum, Senior Land Use Attorney, Heidi Von Tongeln, Deputy City Attorney, Santa Monica, CA, for Defendant-Appellee.

Before: MICHAEL J. MELLOY, JAY S. BYBEE, and SANDRA S. IKUTA, Circuit Judges.

OPINION

No trip to Santa Monica, California, is complete without a visit to Palisades Park — a picturesque strip of land 14 blocks long that overlooks Santa Monica State Beach and the Pacific Ocean and is regarded as the "crown jewel" of the City's park system. Beginning in about 1955, every year during December...

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