From Deseret News archives:
Tablets to stay in park
Judge OKs monument in Duchesne; appeal planned
"Duchesne city has undertaken adequate actions to make it clear that the monument sits on property that is neither owned nor controlled by the city, and that nothing on the property is in any way endorsed by or associated with Duchesne city," U.S. District Judge Dee Benson wrote in the Tuesday opinion.
When first faced with the possibility of a constitutional challenge over the 25-year-old display in the city's Roy Park, Duchesne deeded the 10-foot-by-11-foot plot of land to the Lion's Club. The city then took back ownership of the property, and one month later sold it to the daughters of the family who originally donated the monument to the city in 1979.
The women intend to erect a 4-foot high ornamental fence around the approximately 5-foot-tall marble tablet, along with signs to indicate the monument sits on private property.
Prior to selling the property, Duchesne passed three ordinances relating to the display, including one that permanently closed the park as a forum for private displays.
Benson denied Summum's motion for a court order allowing it to erect its own monument, saying to do so would only continue to entangle Duchesne in city-sponsored private expression.
"Any solution of that nature would open the door to another display and then another, and so on, until the city park looks like a NASCAR driver at the Brickyard 400," the judge wrote.
Attorneys for the city praised Benson's ruling Tuesday, saying it makes clear what Duchesne wanted to do all along get out of the business of sponsoring private speech. "(The court's decision) is a good balance," said Francis J. Manion of the American Center for Law and Justice, which, along with the Thomas More Law Center, represents Duchesne in the case.
Attorney Ed White, of the Thomas More Law Center, also applauded the ruling as a "sound solution" for cities facing constitutional challenges.
Utah is unique in that prior opinions from the 10th U.S. Circuit Court of Appeals have established that once a Ten Commandments monument is erected, cities must either remove the monolith from public property altogether or open the forum for others.
Comments
- Haws playing like a veteran 12:36 a.m.
- Hot Rod behind mic for Lakers 12:35 a.m.
- Jazz go up against 'the best' 12:33 a.m.
- Sports on the air 12:26 a.m.
- Bobcats stun high-flying Nuggets 12:23 a.m.
- Utes finally get to host Michigan 12:18 a.m.
- Flash apologize, offer refund 12:12 a.m.
- Editorial: Leave the economy alone 12:12 a.m.
- Dishonest global warming scientists 12:12 a.m.
- Tensions in Ceuta 12:12 a.m.
- BYU football: Bronco weighs in on Hall
- Snow brings big chill
- Yet again, we learn BCS is a big joke
- Andersen apologizes for Jordan hoax
- Cougars in better mood about bowl
- Ranking the bowl games
- Williams' late jumper tops Spurs
- $2M error could mean layoffs
- Expert calls Mitchell delusional
- Witness: Mitchell stalked victims
- Y. profs: Beck not all-knowing
278 - Letters: Global warming a lie
214 - TCU to play Boise in Fiesta Bowl
205 - BYU football: Bronco weighs in on Hall
165 - Cougars going back to Vegas
148 - Utah/BYU rivalry can be more civil
143 - George lost in rivalry hatefest
119 - Andersen apologizes for Jordan hoax
110 - Ed Smart 'appalled' at testimony
99 - Revive full food tax?
94
For the latest news in the health care debate and how it affects you...
Pittsburgh Post-Gazette writer Joyce Gannon offers the following advice...
It will be good to hear "real play by play or even as analyst with Joel...
i hope hot rod gets confused while doing the play by play and thinks he's...
The BCS bowl team match-ups aren't what you think. First, yes the top two...
Even Ed Gein was found competant to stand trial.
So Bronco's okay with the churches "standard bearers" spewing hatred. Wierd....
By putting TCU & Boise together that means that the other 3 BCS games will...
Ticky... Tacky...
The DNews requests the lists from the region coaches. Ask your coaches why...
This story brings back memories of an Ogden base ball team, who promiced if a...
GO UTES!!!



You can be the first to comment on this story.