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Attorney will keep fighting to have Mt. Soledad cross removed

The attorney who has fought for 17 years to have the cross removed from Mount Soledad says, even if Congress votes to take over the property, he has more legal strategies up his sleeve. KPBS reporter Alison St John has more.

Tomorrow, August 1, was supposed to be the day the cross came down, under a ruling from a federal judge. But instead the Supreme Court has issued a stay, and Congress is considering legislation to keep the cross where it is.

McElroy says, if Congress passes the bill, he'll fight the government's right to take the land by eminent domain.

McElroy: "The federal government is supposed to have some public purpose for the taking, what's the public purpose it is a park now its going to remain a park, it's going to remain a park the only public purpose is trying to save the cross. The federal government can't take things by eminent domain if they're acting in bad faith, well certainly it's bad faith if all your trying to do is get around court orders."

McElroy's suits allege the cross violates the state constitution's separation of church and state. Supporters of the Cross hope to move the legal battle up to the federal level. Alison St John, KPBS News.

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