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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Constitutional: Ten Commandments Display – Ordinance – Standing

Constitutional: Ten Commandments Display – Ordinance – Standing

Where following a dispute over a city’s display of a monument to the Ten Commandments a city adopted a municipal ordinance that prohibited removal of long-term monuments from city property, the district court erred in dismissing for lack of standing a challenge brought by an atheist group.

Remand

Opinion concurring in part; dissenting in part by Shepherd, J.: “I concur with the majority’s well-developed analysis of the standing issue inthis matter. I dissent, however, from the decision to remand this matter to the districtcourt. There is nothing more to be developed pertaining to the motivations of the CityCommission in its adoption of the city ordinance, thus I believe it is proper for us toconclude this matter by affirming the decision of the district court.”

Judgment is reversed and remanded.

Red River Freethinkers v. City of Fargo (MLW No. 63715/Case No. 10-3214 – 24 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Bruce Alan Schoenwald, Moorhead, Minnesota, argued for appellant) (John M Baker,  Minneapolis, argued for appellee; Robin M. Wolpert appeared on the brief).

Read the full text of this opinion. (PDF)