Mark Rouleau (6 Jan 2005)
"A win for the good guys!"


This is a link to a recent Federal decision from the 7th Circuit Appellate Court allowing LaCrosse Wisconsin to sell public land that had a 10 Commandments monument on it to the private organization that donated the monument in the first place.  The land sold is located within a public park.
 
 
FIRST AMENDMENT
Mercier v. Fraternal Order of Eagles, LaCrosse Aerie 1254, Nos. 04-1321
& 04-1524 Cons. (1/3/05). Appeal, W.D. Wisc. Rev'd.
http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=04-1321.PDF

Dist. Ct. erred in entering summary judgment in favor of plaintiffs in
action alleging that defendant-City's sale of parcel of land containing
10 Commandments monument located in City park to entity that had
originally donated monument to City in 1964 violated Establishment
Clause of First Amendment even though entity and defendant had erected
fences surrounding monument and signs indicating that defendant did not
own property and did not endorse religious expression thereon; under
City of Marshfield, 203 F.3d 487, sale of land to third-party to avoid
potential lawsuit is acceptable alternative to City's removal of
religious monument where sale does not involve "unusual circumstances".
Moreover, instant sale complied with Marshfield dictates where entity
paid market value for land, entity assumed traditional duties of
ownership such as maintenance of monument, and signs at monument's
location, which was otherwise not near any govt. building, clearly
disclaimed any endorsement of monument by defendant. (Dissent filed.)

Mark Rouleau
rouleau-law@afo.net