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Monday, Dec. 4, 2006 | Mount Soledad vote by San Diego voters was upheld by this Fourth Appellate Court, but you would be pressed to find the ruling in our local media. The court ruled that 1) the appeals are not moot; 2) San Diegans for the Mount Soledad War Memorial and Mike Shelby are aggrieved parties for the purposes of the appeal; and 3) the transfer of the cross under Proposition A does not in itself violate the First Amendment establishment clause or the California Constitution. The icing on the cake was that the attorney’s fees award has been reversed so that $268,541.02 must be returned to the city of San Diego. Justice finally prevails!

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