From Deseret News archives:
Main St. Plaza suit rejected
10th Circuit ruling likely to end long legal battle
"This case contains no well-pleaded factual assertions that suggest a sham," the court said.
In the wake of the decision on the second Main Street Plaza lawsuit, those involved even some on the losing side pondered that the long drawn-out legal wrangling might be finished.
"I'm pleased that this is finally over," Mayor Rocky Anderson said. "The court made very clear what we believed to be true the entire time that the plaintiffs had no case."
Of course, the American Civil Liberties Union could appeal. But such an effort seemed an iffy proposition Monday.
While ACLU of Utah Executive Director Dani Eyer said she was "disappointed" with the decision, it sounded more as if she were ready to cut her losses than keep fighting. A decision to appeal would have to be considered by her board of directors and the national office of the ACLU in New York, which handled legal arguments in the case, Eyer said.
Even some of the plaintiffs, while disappointed they lost, were ready to let go.
The Church of Jesus Christ of Latter-day Saints was pleased with the decision.
"We are pleased with today's ruling," said Bruce L. Olsen, managing director of LDS Church public affairs. "The church has always intended that the plaza be a place of peace, a quiet oasis in the midst of a bustling city where everyone can enjoy an atmosphere of serenity and reflection."
The ACLU could appeal the case to a full panel of 10th Circuit Court judges or to the U.S. Supreme Court. However, it's unlikely the decision will be overturned or even heard.
Still, some plaintiffs which included NOW, the Utah Gospel Mission, the First Unitarian Church of Salt Lake City and Murray resident Lee Siegel, among others wanted to fight some more.
"I do think the transaction was a sham from the start," said Siegel, a former reporter for the Salt Lake Tribune. "I just feel more like a political minority in this place than ever."
Part of that so-called "sham" argument was that Anderson invented a deal to give control of the plaza to the LDS Church.
Comments
- Mourners grieve for soldiers killed 4:42 p.m.
- Aggies beat Spartans in snowy Logan 4:22 p.m.
- Study: Costs rise under health bill 4:13 p.m.
- Williams to miss Cavs game, too 4:06 p.m.
- Weber St. gets past No. Arizona 4:01 p.m.
- In Asia, Obama pushing arms control 3:50 p.m.
- Texas rolls 47-14 over Baylor 3:48 p.m.
- Snowstorm hits Utah; 1 dead in crash 3:43 p.m.
- Montana wins Big Sky with win 3:43 p.m.
- Rep. bashes Dems over health care 3:41 p.m.
- Apostle's wife felt comfort in attack
- Short-handed Jazz fly past Sixers
- Can BYU root for (ick) Utah Utes?
- D-Will home for daughter
- Bench proves fruitful for Y.
- Utes excited for 'dream' game
- Born of water and the spirit
- Woods Cross refinery to shut down
- 5A: Bingham rolls to title game
- Man killed during 3rd I-15 crash
- SLC council OKs gay rights policies
353 - Editorial: Mormons and gay rights
199 - Senators want food tax restored
164 - Will state consider gay rights law?
147 - Letters: Strange breed in Utah
129 - Can BYU root for (ick) Utah Utes?
122 - Utes remain silent about BCS
120 - S.L. vote pending on gay protections
113 - Pratt pleads not guilty to sex charges
105 - Celtics crush Jazz
104
If you are looking for a bird on the cheap, the following specials from...
How do you handle kids and contests? Our oldest daughter, 7, is of the...
Superstition, like all fantasy delusions, "warms the heart" and give people...
Do you mean Mike Mathis. He has been gone for years!
This was a hard fought game between 2 equally talented teams. We're proud...
attempting....typo in previous post
I believe that this decision by the LDS church makes their stand even...
Eh, it may have bad acting, but it looks like good, cheesy fun with lots of...
Pathetic showing by BYU!
Bronco is on KSL talking about how good BYU played last week against...
Congratulations! You've stayed positive and won a great game. A brighter...
Not everyone has the ability to be a nurse to his or her spouse. The reality...


You can be the first to comment on this story.