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SUMMUM v. DUCHESNE CITY

No. 2:03CV1049.

340 F.Supp.2d 1223 (2004)

SUMMUM, a corporate sole and church Plaintiff, v. DUCHESNE CITY, et al. Defendants.

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

October 18, 2004.

Attorney(s) appearing for the Case

Brian M. Barnard, Esq., Utah Legal Clinic, Salt Lake City, UT, for Plaintiff.

Cindy Barton-Coombs, Esq., Roosevelt, MI, Edward L. White III, Esq., Thomas More Law Center, Ann Arbor, MI, Francis J. Manion, Esq., American Center for Law and Justice, New Hope, KY, for Defendants.

OPINION AND ORDER

BENSON, Chief Judge.

BACKGROUND

In 1979, the Cole family of Duchesne County, Utah donated a Ten Commandmerits stone monolith to Duchesne City.1 The donation was made in the name and memory of Irvin Cole, a long time resident of the community. The City placed the monolith on a 10' × 11' plot of land in Roy Park (a city park located in the center...

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