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California Judge Lets Her Decision Stand on La Jolla Cross

by James L. Lambert
October 10, 2005
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(AgapePress) - A San Diego Superior Court judge has let stand her August ruling that invalidated a July ballot initiative that would have transferred city land, a war memorial, and the historic cross in La Jolla to the U.S. Department of Interior. Judge Patricia Yim Cowett ruled the transfer as unconstitutional. In her 35-page position paper, Cowett made only a one sentence reference to the vote that was approved by 76 percent of San Diego voters. (See earlier article)

Judge Patricia Yim Cowett (Photo by San Diego Union-Tribune)
The vote took place on July 26 after President Bush signed legislation in December authorizing transfer of the historic site to the federal government. Judge Cowett's decision is the latest in a long battle between the City of San Diego and a lawyer representing atheist Philip Paulson.

Both sides embroiled in the debate are not particularly surprised by the judge's action. However, on Friday during his regular weekday radio talk show, Roger Hedgecock indicated he is interested in seeing Judge Cowett recalled from her elected position as Superior Court judge. Besides his local week day show on KOGO, Hedgecock can be heard on Rush Limbaugh's nationally syndicated show as a periodical fill-in for the host.

Charles LiMandri, the attorney who wants to see the cross preserved in its present state, intends on filing an action to vacate so that he can privately appeal the decision. It is generally expected that San Diego City Attorney Michael Aguirre, elected in November 2004, will not allow the city to appeal the decision. He has privately expressed agreement with Judge Cowett's ruling.

On Sunday, a spokesman for San Diegans for the Mount Soledad National War Memorial said the group is presently considering all of their legal options available to them at this time.

James L. Lambert, a frequent contributor to AgapePress, is the author of Porn in America (Huntington House), which can be purchased through the American Family Association. He is a licensed real-estate mortgage loan sales agent and can be contacted through his website.

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