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Philip K. Paulson, and Society of Separationists Inc. v. City of San Diego, AKA City of San Diego California, and Mt. Soledad Memorial Association, Inc., Philip K. Paulson, San Diegans for the Mt. Soledad National War Memorial, and Society of Separationists Inc., City of San Diego, AKA City of San Diego California, and Mt. Soledad Memorial Association, Inc., Philip K. Paulson, San Diegans for the Mt. Soledad National War Memorial v. City of San Diego, AKA City of San Diego California Mt. Soledad Memorial Association, Inc.

Citations: 475 F.3d 1047; 2007 U.S. App. LEXIS 667Docket: 06-55769

Court: Court of Appeals for the Ninth Circuit; January 11, 2007; Federal Appellate Court

Narrative Opinion Summary

In this case, the City of San Diego appealed a district court order enforcing a 1991 injunction related to the Mount Soledad Veterans War Memorial. However, the appeal was rendered moot following the transfer of the memorial's title to the United States pursuant to federal legislation (Public Law 109-272) on August 14, 2006. This transfer extinguished the City's interest, making the order unenforceable due to the federal government's immunity from state constitutional authority. Simultaneously, the San Diegans for the Mt. Soledad National War Memorial's appeal for intervention was also dismissed as moot under the same circumstances. Recognizing the mootness resulted from legislative action rather than the parties' conduct, the appellate court remanded the case, instructing the district court to vacate its May 3, 2006 order enforcing the injunction. Additionally, the court directed the district court to consider the potential award of attorney's fees to the plaintiff-appellee. Ultimately, the appeals were dismissed, emphasizing the mootness doctrine and federal supremacy principles in resolving disputes involving federal property transfers.

Legal Issues Addressed

Attorney's Fees on Remand

Application: The district court was instructed to evaluate potential attorney's fees entitlement for the plaintiff-appellee upon remand.

Reasoning: Furthermore, the case is remanded for the district court to assess any potential entitlement to attorney's fees for the plaintiff-appellee.

Federal Supremacy and State Constitutional Authority

Application: The transfer of the memorial's title to the United States rendered the district court's state constitutional authority unenforceable against the federal government.

Reasoning: This transfer eliminated the City’s interest in the memorial, rendering the district court's order unenforceable as the United States is not subject to state constitutional authority.

Intervention Appeals and Mootness

Application: The appeal by the San Diegans for intervention was dismissed as moot because the same legislative changes nullified the basis for their appeal.

Reasoning: Additionally, the appeal by the San Diegans for the Mt. Soledad National War Memorial concerning the denial of intervention is also dismissed as moot due to the same legislative changes.

Mootness Doctrine in Appeals

Application: The appeal by the City of San Diego was dismissed as moot due to the transfer of the memorial's title to the United States, eliminating the City's interest and making the court's order unenforceable.

Reasoning: The appeal by the City of San Diego regarding a district court order to enforce a 1991 injunction is deemed moot due to the transfer of the Mount Soledad Veterans War Memorial's title to the United States through federal legislation (Public Law 109-272) on August 14, 2006.

Vacatur and Remand for Mootness

Application: The appellate court remanded the case to vacate the district court's order due to the mootness arising from external legislative action, not party actions.

Reasoning: Since the mootness arose from external circumstances rather than actions by the parties involved, the court remands the case to the district court with instructions to vacate the May 3, 2006 order enforcing the injunction.