Sunrise Rock Ownership (Mojave Cross Location)
Posted: Mon Apr 04, 2011 9:50 am
This was taken from the Mojave National Preserve Website... LINK: http://www.nps.gov/moja/parknews/index.htm
Litigation regarding the cross on Sunrise Rock:
January 19, 2011: On January 10, 2011, attorneys at the Liberty Institute, which represents the Veterans of Foreign Wars (VFW) Post 385 in Barstow, filed suit over ownership of the former site of the Mojave cross. The perceived refusal to expediently transfer ownership to VFW, of a one-acre parcel in Mojave National Preserve, has delayed the replacement of the cross stolen in May 2010. Larry Whalon, Acting Superintendent at Mojave National Preserve, indicates the National Park Service is moving forward with the land transfer pending receipt of instructions from the United States Court of Appeals for the Ninth Circuit.
.
June 3, 2010: At issue in the Buono case is a 2004 Act of Congress that directed the Secretary of the Interior to transfer to the Veterans of Foreign Wars a parcel of land known as Sunrise Rock in Mojave National Preserve. The Ninth Circuit affirmed the district court's order enjoining the government from implementing that Act. On April 28, 2010, the Supreme Court reversed. The Ninth Circuit received the Supreme Court's judgment on June 2, 2010. We anticipate that the Ninth Circuit will remand the case to the district court, where we will continue to defend the 2004 Act.
The district court's original injunction prohibiting the display of a cross on Sunrise Rock is still in effect.
The Sunrise Rock cross was recently stolen, and the National Park Service is investigating that crime. Unidentified individuals erected a replica of the cross on Sunrise Rock, and the National Park Service removed that replica to comply with the district court's injunction and National Park Service regulations. It is the United States' position that, once the land transfer is complete and the Veterans of Foreign Wars owns Sunrise Rock, it may erect a replica of the cross if it so desires.
Litigation regarding the cross on Sunrise Rock:
January 19, 2011: On January 10, 2011, attorneys at the Liberty Institute, which represents the Veterans of Foreign Wars (VFW) Post 385 in Barstow, filed suit over ownership of the former site of the Mojave cross. The perceived refusal to expediently transfer ownership to VFW, of a one-acre parcel in Mojave National Preserve, has delayed the replacement of the cross stolen in May 2010. Larry Whalon, Acting Superintendent at Mojave National Preserve, indicates the National Park Service is moving forward with the land transfer pending receipt of instructions from the United States Court of Appeals for the Ninth Circuit.
.
June 3, 2010: At issue in the Buono case is a 2004 Act of Congress that directed the Secretary of the Interior to transfer to the Veterans of Foreign Wars a parcel of land known as Sunrise Rock in Mojave National Preserve. The Ninth Circuit affirmed the district court's order enjoining the government from implementing that Act. On April 28, 2010, the Supreme Court reversed. The Ninth Circuit received the Supreme Court's judgment on June 2, 2010. We anticipate that the Ninth Circuit will remand the case to the district court, where we will continue to defend the 2004 Act.
The district court's original injunction prohibiting the display of a cross on Sunrise Rock is still in effect.
The Sunrise Rock cross was recently stolen, and the National Park Service is investigating that crime. Unidentified individuals erected a replica of the cross on Sunrise Rock, and the National Park Service removed that replica to comply with the district court's injunction and National Park Service regulations. It is the United States' position that, once the land transfer is complete and the Veterans of Foreign Wars owns Sunrise Rock, it may erect a replica of the cross if it so desires.