In this artwork, how is the Second attempted sale to Mount Soledad Memorial Association of the Litigation elucidated?
The City attempted to sell the land to a private group again in 1998. Five bids were submitted; the bid from the Mount Soledad Memorial Association (the highest) was accepted and a half-acre of land around the cross was sold to the Association for $106,000. In a decision issued on February 3, 2000, Judge Thompson upheld the transfer. However, in a 7–4 decision, the appellate court Ninth Circuit Court of Appeals found that the City's sale of the cross to the Mount Soledad Memorial Association violated Article XVI, section 5, of the California Constitution, which prohibits government from affording any financial advantage or subsidy to religion.The City and the Mount Soledad Memorial Association petitioned the Court for reconsideration and/or rehearing, which was denied on October 22, 2002. The City thereafter sought review of the en banc decision by the United States Supreme Court. On April 21, 2003, the Supreme Court denied defendants' petitions for review.Plaintiff Paulson and defendant Mount Soledad Memorial Association agreed to a settlement that called for removal of the cross in exchange for which the Association would gain ownership of the property. The other defendant, the City of San Diego, never agreed to the settlement. While the cross and land were apparently owned by the Association (after the 1998 sale), the Association spent over $900,000 to add significant improvements to the memorial site, including six concentric granite wall, pavers, bollards, and a flagpole with American flag. Additionally, the Association sold over 1,600 plaques memorializing individual service men and women. The original, unadorned cross eventually became encircled by several walls of plaques.On July 27, 2004, the City Council took up the motion by Councilmember Scott Peters: "Should voters reject the proposal (Proposition K), City Attorney shall enter into the settlement agreement now with Mt. Soledad Memorial Association and Plaintiffs." The City Council passed the Peters Resolution.In November 2004, voters rejected Proposition K, a ballot measure to authorize a third sale of a portion of Mount Soledad to the highest bidder. Thus, pursuant to the Peters Agreement the City of San Diego was obligated under the Council Resolution to remove the cross from the Mt. Soledad Natural Park.
United States Supreme Court California San Diego Supreme Court Scott Peters Mount Soledad Ninth Circuit Court of Appeals en banc ballot measure California Constitution