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.
Read the Brief