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SUMMUM v. CITY OF OGDEN

Civil Nos. 1:98-CV-0150J, 1:99-CV-0031J.

152 F.Supp.2d 1286 (2001)

SUMMUM, a corporate sole and church; and R.L. Zefferer, Plaintiffs, v. CITY OF OGDEN, a municipal government entity; Glenn J. Mecham, Mayor; Jesse M. Garcia, Member, City Council; Kenneth J. Alford, Member, City Council; Fasi M. Filiaga, Member, City Council; Rick J. Mayer, Member, City Council; John W. Wolfe, Member, City Council; Ralph W. Mitchell, Member, City Council; and Garth B. Day, Member, City Council, Defendants.

United States District Court, D. Utah, Northern Division.

January 31, 2001.

Attorney(s) appearing for the Case

Brian M. Barnard, James L. Harris, Salt Lake City, UT, for plaintiffs.

Richard A. Van Wagoner, Allan L. Larson, Andrew M. Morse, Snow Christensen & Martineau, Salt Lake City, UT, for defendants.

MEMORANDUM OPINION AND ORDER

JENKINS, Senior District Judge.

Plaintiff Summum, a self-professed church, seeks to make a gift to the City of Ogden of a stone monument containing thereon seven aphorisms characterized by it as religious in nature.1 It wants to have a stone etched with its seven tenets placed in the Ogden Municipal Gardens.

Ogden City, while appreciative of the good will of the donor, rejected the gift.<...

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