City Attorney Ted Shumway has filed a federal appeals court brief claiming the city owes no fees to an attorney who represented a man in an unsuccessful lawsuit against St. George.
Shumway and Denver attorney James E. Mitchem filed the brief in response to an appeal filed by Salt Lake attorney Brian Barnard.Barnard represents attorney Phillip Lang Foremaster of St. George, whose lawsuit claimed the city's 44-year-old practice of subsidizing the exterior lighting of the St. George Temple of The Church of Jesus Christ of Latter-day Saints was unconstitutional.
U.S. District Judge J. Thomas Greene threw out Foremaster's suit after it was determined he did not have an account with the electric company and therefore had no standing.
On Feb. 11, Barnard appealed a ruling by Greene denying him the $56,000 in fees he demanded from the city for representing Foremaster.
Foremaster filed the lawsuit Oct. 21, 1985, claiming the city was violating the U.S. and state constitutions regarding the separation of church and state by subsidizing lighting and using the temple on the city's logo.
The city has discontinued the practice.
That lawsuit later was consolidated with another one brought by the Washington County Ministerial Alliance, which raised the same issues.