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Cross battle continues with new lawsuit filed

The battle over the Mount Soledad Cross entered a new phase Friday. The attorney who's fighting to have the Cross removed as a constitutional violation filed a brand new lawsuit. The suit aims to void the federal government's annexation of the land. KPBS reporter Alison St John has more.

President Bush is scheduled to sign legislation on Monday to take the land under the Mount Soledad cross, removing it from city ownership to federal ownership. Cross supporters say this is a step towards saving the cross where it is.

But Attorney Jim McElroy, who's fought for 17 years to have the cross removed, has filed a new complaint with a federal judge. He says he cannot prevent the land transfer.

McElroy: "The governments position is the transfer happens when the president signs the bill, so the constitutional violation happens the minute he signs the bill."

So McElroy asked the judge to void the land transfer after it takes place, because it is a violation of both state and federal constitutional separation of church and state. Judge Barry Moskowitz has agreed to issue his ruling in September. Alison St John, KPBS news.

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