United States Ninth Circuit

After an injunction prohibited a city from maintaining a 43-foot high cross in a public park, the city's sale of the cross to a private entity was structured to provide financial advantage to bidders who had the sectarian purpose of preserving the cross, and thus violated the California Constitution.

Appellate Information

• Argued 03/21/2002
• Decided 06/26/2002
• Published 06/26/2002

Judges

• Before: SCHROEDER, Chief Judge, and PREGERSON, KOZINSKI, FERNANDEZ, RYMER, T.G. NELSON, HAWKINS, GRABER, W. FLETCHER, BERZON, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jordan C. Budd, ACLU Foundation of San Diego & Imperial Counties, and James E. McElroy, Law Offices of James E. McElroy, San Diego, CA, for plaintiff-appellant.


• For Appellees:
  
• Casey Gwinn, City Attorney, and Anthony J. Shanley, Deputy City Attorney, The City of San Diego, and Charles V. Berwanger, Higgs, Fletcher & Mack LLP, San Diego, CA, for defendants-appellees.