ACRU filed a brief in support of the City of San Diego in California state appellate court on appeal from a state judge’s order prohibiting the City from transferring the Mt. Soledad Memorial and its cross to the Federal government, as approved in a city referendum with 76% in support. The Federal government intervened to safeguard the monument by its powers of eminent domain; plaintiff Paulson is recently deceased. ACLU may file another suit challenging the Federal action.

On January 12, 2007, the 9th Circuit Court of Appeals dismissed the lawsuit to remove the memorial as moot and said a district court order to remove the cross must be vacated.

Read the Brief