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
- West Bountiful fire displaces three 6:25 p.m.
- Ed Smart infuriated with revelations 6:24 p.m.
- Opposition to soccer complex 6:17 p.m.
- Brokaw unhurt in crash 6:16 p.m.
- Y. profs: Beck not all-knowing 6:14 p.m.
- Higher school math requirements? 6:13 p.m.
- School board updates ethics policy 6:12 p.m.
- Utahn missing off Hawaii coast 6:11 p.m.
- Locke resigns from school board 6:11 p.m.
- It counts, even if it's 'business' 5:42 p.m.
- Mr. Football 2009: Tuni Kanuch
- 5A high school football All-State
- Ed Smart infuriated with revelations
- Miller predicted Tiger's rough road
- Utah Jazz going green with unis
- Harpring's NBA career is over
- 4A high school football: All-State
- Nutty Putty Cave to be sealed today
- MVPs wrap up stellar prep careers
- Jazz: Miles, Kirilenko to play Friday
- Hall reprimanded by MWC
408 - Max Hall issues apology
393 - Hall's pain reflects self-betrayal
362 - Why is Y. ignoring spew of hatred?
293 - Utes won't respond to Hall
278 - BYU says Hall incident resolved
247 - Letters: Liberal because LDS
233 - 2 citations issued at Y.-U. game
188 - Hate not limited to 1 in-state rivalry
182 - Aggies shoot past Cougars
179
For the past seven holiday seasons, Stein Eriksen Lodge has displayed an...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
TO: I am a lion, you are a gazelle (correct spelling): "The road is not a...
We've been reminded of everything we've ever known about BYU this week -...
Provo should be the host city if it comes to utah. That is the Repbulican...
I applied to BYU, you're right. I was accepted. I was offered a full...
I met Julius Squeezer last year when I was 12 years old. I was with my Dad...
How about try to bring the conference home a bowl win HUH? Can you PLEASE get...
Nice "She plans parties not the security. The Secret Service allready took...
Did I just read a cougar fan rip on Utah for bowl losses? Really?
Instate basketball showcase - One good reason? It's COLLEGE basketball!...
Oregon is a solid team, but there is also a lot of parity at the top of the...




You can be the first to comment on this story.