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From Fox News: A years-long legal battle over a giant cross in a Bay Area city has finally been resolved, after the city agreed to pay over $1.5 million to settle the dispute.
The Albany Hill Cross, a 28-foot illuminated steel and plexiglass structure, stood overlooking the city of Albany and the East Bay of San Francisco for over 50 years. The cross had been installed on the original landowner’s private property for the benefit of the community, because Christians had been carrying crosses up the hill every Easter for years, according to local community service group, The Albany Lions Club. The surrounding land was later sold to the city and became part of a public park. Before selling, the original landowner created an easement granting maintenance of the cross to the Albany Lions Club.
After a local atheist group complained about the religious symbol in a public park, a federal judge ruled that the cross violated the First Amendment. The city council voted to acquire the easement by eminent domain, rather than sell it to the Albany Lions Club, and took down the cross in 2023. However, the Albany Lions Club continued to fight the city over the cross removal and easement dispute.
To end the ongoing litigation, the city announced in its October 7 city council meeting that it had agreed to settle the case, by paying over $1.5 million to the Albany Lions Club in exchange for the legal title to the entirety of the property.
Albany Lions Club President Kevin Pope said the city should have just sold a small portion of the land to The Albany Lions Club so the cross could remain on private property.
“I’m sad and angry that the Albany City Council has exercised such poor judgment in spending public resources to force the permanent removal of the Christian cross from Albany Hill. It did not have to be this way,” Pope said.
In a press release, the City of Albany announced:
When the City acquired Albany Hill Park, it was encumbered with an easement that allowed for the cross that was already in place. After litigation ensued between the City and the Lions Club in 2018, a federal judge made clear that the cross on public property violated the Establishment Clause. Given this concern, the City made the decision to condemn the easement and remove the cross. As part of the eminent domain litigation to condemn the easement and remove the cross, the City successfully defended numerous challenges and claims brought by the Lions Club to try and block the removal of the cross. As part of the litigation, the City established that it had the right to remove the cross and condemn the easement, and that in doing so, the City did not infringe on anyone’s rights.
To end the ongoing litigation, the City stipulated to a judgment with the Lions Club to avoid additional litigation expenses. This judgment allows the City to condemn the easement, and remove the cross, which the City already did, that existed on Albany Hill Park for the benefit of the Lions Club. The judgment requires the City to pay the Lions Club $1,530,000 for acquisition of their property interest, $500,000 of which has already been set aside with the State Condemnation Fund. Additionally, the judgment fully resolves any and all claims the Lions Club may have had regarding the City’s removal of the cross and gives the City legal title to the entirety of the property, and completely clears title of the easement that previously existed on the Park.
This resolves the matter, and therefore, the Lions Club has no legal right to use the property for the easement or to maintain the cross on the property, which the City has already removed.
It cost $1.5 million in public funds for the city to get rid of the privately owned cross on public land on Albany Hill. Maybe a win for the separation of church and state, but a loss for Albany taxpayers who already pay 10.75% sales tax.https://t.co/0dxz7PluG0
— Marc Joffe (@joffemd) October 20, 2024
Opinion | Bay Area city pays $1.5 million after years-long fight to take down cross https://t.co/EuO5kPEIkA
— Fox News (@FoxNews) October 27, 2024
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