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November 14, 2002
News
Specialist John Daley reporting
The LDS Church's case over the Main Street Plaza will be appealed
to the U.S. Supreme Court.
This announcement comes as the dispute ratchets up with a
power struggle between Mayor Rocky Anderson and the City Council.
Before the 10th Circuit Court decision, an attorney, hired
by the City Council, released his own legal opinion. And that
has caused a major division between the mayor and council
members.
The 10th
Circuit Court of Appeals in Denver rejected the LDS Church's
request to take another look at the case. And church officials
immediately said they will appeal this case up to the U.S.
Supreme Court.
Also today, we can clearly see the specter of a constitutional
crisis here at City Hall -- and the distinct possibility --
the mayor and City Council will duke this out in court.
In a city
sharply divided by religion, today one could see the potential
for that divide to grow into a Grand Canyon.
Ironically, the animosity is swirling around one of the city's
most peaceful spots.
Main Street Plaza was sold by the city to the Church of Jesus
Christ of Latter-day Saints, WITH an easement for public access.
But a federal appeals court recently ruled free speech rights
the LDS Church wants eliminated here must still stand.
Salt Lake's City Council, of which nearly all are members
of the LDS Church, stepped firmly into the fray today. An
attorney it hired says the council could remove public access
from the easement, effectively turning over to the LDS Church
complete control over the property, and extinguishing any
claim to free speech rights there.
"The council has the power to eliminate the public's
right to access on the easement. That leaves the city with
the power to have access, but only for city government officials
and employees," says John Martinez, attorney for the
City Council.
"We're going to consider it. We haven't made a decision.
We want to get public input ... Another thing that hasn't
been mentioned here is the mayor could sell the easement to
the LDS Church," says David Buhler, council chairman.
But the mayor himself, a former LDS Church member, says if
the council goes that route, he'll veto.
"I would absolutely veto it and I would challenge the
authority of the council to pass such an ordinance,"
Anderson says.
"It may require court action because they have no authority
whatsoever to pass such an ordinance."
It should
be noted that all of this will unfold during an election year.
Mayor Anderson and four of seven city councilors are up for
reelection next fall.
Will Main Street be an issue? Absolutely.
As for the Supreme Court appeal, approximately only 3 percent
of those cases that are appealed to the High Court are accepted.
So truly, it's a longshot.
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