Lions Club of Albany, California v. City of Albany

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LIONS CLUB OF ALBANY,

CALIFORNIA,

No. C 22-05377 WHA Plaintiff, Related to C 17-05236 WHA v.

CITY OF ALBANY, ORDER DENYING

PLAINTIFF’S APPLICATION Defendant. FOR TEMPORARY RESTRAINING ORDER AND

ORDER TO SHOW CAUSE

18 19 Having lost a motion in state court, plaintiff Lions Club of Albany returns to federal 20 court seeking a temporary restraining order to prevent the removal of its Latin cross in a public 21 park. For the following reasons, the motion is DENIED. 22 The relevant facts have been recounted already with which the parties are well familiar 23 (Dkt. No. 28). In short, an electrically-illuminated Latin cross has stood 28 feet tall atop 24 Albany Hill since 1971. The City of Albany owns the land beneath it and around it for use as a 25 public park. The Lions Club owns an easement for ingress and egress to maintain the cross. In 26 recent years, friction…