ACRU filed a brief in support of the City of San Diego in the U.S. Court of Appeals for the Ninth Circuit on an appeal by Paulson from a Federal judge’s order approving the sale of the Mt. Soledad property including the cross to a private association. The three judge Ninth Circuit panel affirmed the sale as valid, as the ACRU brief urged. But Plaintiff won a rehearing en banc by the entire 9th circuit which reversed and invalidated the sale on the grounds that it amounted to an unconstitutional establishment of religion under the California constitution.
