Paulson

The appeal by the City of San Diego (“the City”) of the district court’s May 3, 2006 order to enforce a December 3, 1991 injunction under California constitutional authority is moot. See Paulson v. City of San Diego, Civ. No. 89-0820GT, 2006 WL 3656149 , 2006 U.S. Dist. LEXIS 44740 (S.D.Cal. May 3, 2006). On August 14, 2006, federal legislation transferred title of the Mount Soledad Veterans War Memorial to the United States. See Preservation of Mt. Soledad Veterans Memorial Act, Pub.L. No. 109-272, § 2 , 120 Stat. 770 (2006) (“Public Law 109-272”). The legislative taking immediately divested the City of any interest in the war memorial, see Kirby Forest Indus., Inc. v. United States, 467 U.S. 1, 5 , 104 S.Ct. 2187 , 81 L.Ed.2d 1 (1984), and the United States is not subject to state constitutional authority. Accordingly, the May 3, 2006 order is no longer enforceable, and the appeal is DISMISSED as moot. See Church of Scientology v. United States, 506 U.S. 9, 12 , 113 S.Ct. 447 , 121 L.Ed.2d 313 (1992) (“[I]f an event occurs while a case is pending on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party, the appeal must be…