Commandments suit going to trial

A federal magistrate judge has ruled a suit by the religious group Summum against the city of Pleasant Grove can go to trial while an appeal is pending before the 10th U.S. Circuit Court of Appeals in Denver.

In a ruling issued Tuesday, U.S. District Magistrate Judge David Nuffer said he would not issue a stay in proceedings while Summum appealed a federal judge's decision to deny an injunction that would allow Summum to erect a religious monument next to a display of the Ten Commandments.

The religious group is suing the Utah County city, demanding that it be allowed to erect a monument espousing its "Seven Aphorisms" next to the Ten Commandments display at a city park.

While Summum says it has a constitutional right, city officials say Summum lacks sufficient community ties.

Last February, U.S. District Judge Dee Benson denied Summum's motion for an injunction. The group's attorney, Brian Barnard, has since appealed the decision to the 10th Circuit Court.

Barnard also filed a motion to stay court proceedings until the 10th Circuit reaches a decision. But in his ruling Tuesday, Nuffer said the case could move toward trial without a ruling from the 10th Circuit, noting that "the public interest in resolution of the case would be frustrated by delay."

In their motion, Pleasant Grove city officials argued a delay in the case would hurt their efforts to defend themselves because witnesses could move away or die during that time.

A hearing is expected to be held sometime in July. No trial date has been set in the matter.

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