QUOTE
Mayor asks Bush to intervene on Soledad cross issue
By Karen Kucher
UNION-TRIBUNE BREAKING NEWS TEAM
10:57 a.m. May 11, 2006
Union-Tribune
The long-running dispute over the cross atop Mount Soledad may now involve the President of the United States.
SAN DIEGO – Mayor Jerry Sanders on Thursday sought presidential intervention in the legal battle over the Mount Soledad cross, asking President Bush to use the power of eminent domain to take the city-owned property in La Jolla on which the memorial and cross sit.
Sanders warned of the “uncertain future” of the monument and said he fully supported the federal government taking the property, a request first made late Wednesday by Rep. Duncan Hunter, R-Alpine.
Sanders planned to announce the move at a news conference at the top of Mount Soledad Thursday morning.
The cross atop Mount Soledad has been the subject of legal challenges for 17 years.
“This nationally registered war memorial has been caught up in a long series of court actions that threaten its future,” Sanders wrote in the letter. “Last night, Congressman Duncan Hunter wrote you recommending that the federal government take the property on which the memorial is located by eminent domain. I commend Congressman Hunter for doing everything possible to preserve the integrity of this important shrine to our fallen soldiers and support the congressman's recommendation.”
A federal judge recently ordered that the cross be removed within 90 days or the city will face a fine of $5,000 a day.
Sanders said the federally registered national war memorial at Mount Soledad has been part of San Diego's landscape for more than 50 years.
“San Diego is the home of the largest concentration of active duty and retired military service members in the country. Our region has a proud history of paying tribute to our fallen soldiers,” the mayor wrote.
“The citizens of San Diego have repeatedly demonstrated their support for maintaining the memorial. It would be truly unfortunate to lose this sacred monument.”
In his letter to the president, Hunter briefly reviewed the history of Mount Soledad, saying the 79-foot cross “can be seen as a welcoming symbol to sailors as they return to the home port at North Island.”
“Unfortunately, this beloved memorial has been under siege by a single individual and his team of lawyers who have ignored the broader historical context and community support for the memorial in order to make a political point,” Hunter wrote.
Hunter blamed “liberal judges” and their interpretation of the state constitution to justify the removal of the cross from city property.
Hunter asked the president to use his authority to begin “immediate condemnation proceedings” to bring Mount Soledad into the federal park system. The cross has been designated a national veterans memorial.
The fate of the cross has been debated since 1989, when atheist Philip Paulson sued seeking its removal. A federal judge found the presence of the cross on city property unconstitutional in 1991 but that decision was appealed.
Courts have invalidated three land transfers, including two sales to a private group and a gift to the federal government, intended to keep the cross intact. In 2003, the U.S. Supreme Court refused to hear the city's appeal.
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Karen Kucher: (619) 293-1350; karen.kucher@uniontrib.com
Find this article at:
http://www.signonsandiego.com/news/metro/2...-bn11cross.html
By Karen Kucher
UNION-TRIBUNE BREAKING NEWS TEAM
10:57 a.m. May 11, 2006
Union-Tribune
The long-running dispute over the cross atop Mount Soledad may now involve the President of the United States.
SAN DIEGO – Mayor Jerry Sanders on Thursday sought presidential intervention in the legal battle over the Mount Soledad cross, asking President Bush to use the power of eminent domain to take the city-owned property in La Jolla on which the memorial and cross sit.
Sanders warned of the “uncertain future” of the monument and said he fully supported the federal government taking the property, a request first made late Wednesday by Rep. Duncan Hunter, R-Alpine.
Sanders planned to announce the move at a news conference at the top of Mount Soledad Thursday morning.
The cross atop Mount Soledad has been the subject of legal challenges for 17 years.
“This nationally registered war memorial has been caught up in a long series of court actions that threaten its future,” Sanders wrote in the letter. “Last night, Congressman Duncan Hunter wrote you recommending that the federal government take the property on which the memorial is located by eminent domain. I commend Congressman Hunter for doing everything possible to preserve the integrity of this important shrine to our fallen soldiers and support the congressman's recommendation.”
A federal judge recently ordered that the cross be removed within 90 days or the city will face a fine of $5,000 a day.
Sanders said the federally registered national war memorial at Mount Soledad has been part of San Diego's landscape for more than 50 years.
“San Diego is the home of the largest concentration of active duty and retired military service members in the country. Our region has a proud history of paying tribute to our fallen soldiers,” the mayor wrote.
“The citizens of San Diego have repeatedly demonstrated their support for maintaining the memorial. It would be truly unfortunate to lose this sacred monument.”
In his letter to the president, Hunter briefly reviewed the history of Mount Soledad, saying the 79-foot cross “can be seen as a welcoming symbol to sailors as they return to the home port at North Island.”
“Unfortunately, this beloved memorial has been under siege by a single individual and his team of lawyers who have ignored the broader historical context and community support for the memorial in order to make a political point,” Hunter wrote.
Hunter blamed “liberal judges” and their interpretation of the state constitution to justify the removal of the cross from city property.
Hunter asked the president to use his authority to begin “immediate condemnation proceedings” to bring Mount Soledad into the federal park system. The cross has been designated a national veterans memorial.
The fate of the cross has been debated since 1989, when atheist Philip Paulson sued seeking its removal. A federal judge found the presence of the cross on city property unconstitutional in 1991 but that decision was appealed.
Courts have invalidated three land transfers, including two sales to a private group and a gift to the federal government, intended to keep the cross intact. In 2003, the U.S. Supreme Court refused to hear the city's appeal.
--------------------------------------------------------------------------------
Karen Kucher: (619) 293-1350; karen.kucher@uniontrib.com
Find this article at:
http://www.signonsandiego.com/news/metro/2...-bn11cross.html