For those following the Mount Soledad cross case in California, the liberals just lost a big one. The cross in San Diego will stay right where it is. After a long struggle of liberal attacks and ballot initatives, the majority finally won.

Stop the ACLU has the breaking news.

1. The appeal by the City of the district court’s May 3, 2006 order (the one that said the city must rip down the cross by Aug. 1, 2006 or face a $5,000/day fine) to enforce a December 3, 1991 injunction under California constitutional authority is dismissed as moot.

2. The appeal of the district court’s denial of intervention, filed by the San Diegans for the Mt. Soledad National War Memorial, is also dismissed as moot.

3. The case is remanded to the district court with instructions to vacate the May 3, 2006 order to enforce the 1991 injunction.

4. The case is remanded to the district court to determine whether, and to what extent, counsel for plaintiff-appellee may be entitled to attorneys’ fees.

The San Diego Tribune has a discussion of the issues in an old editorial in support of the cross.

The Mount Soledad cross is an important cultural and historical landmark, and it is perfectly constitutional for it to remain in place as the centerpiece of a world class war memorial, so long as it is on private property. The last time the sale of the property was on the ballot in 1992, 76 percent of the voters made it clear that they wished to preserve the cross in its present location.

The two atheists who have been relentlessly attacking the cross have repeatedly trumpeted the cost of litigation as a reason to abandon the fight to save the cross. Since it is the atheists who are creating the cost by bringing this succession of lawsuits, it is ironic that they would use it as a reason for the majority to give up the fight.