Bay Area city pays $1.5 million after years-long fight to take down cross

Albany Lions Club President Kevin Pope lamented the move to take down the cross in 2023: ‘It did not have to be this way’

A years-long legal battle over a giant cross in a Bay Area city has finally been resolved, after the city agreed to pay over $1.5 million to settle the dispute.

The Albany Hill Cross, a 28-foot illuminated steel and plexiglass structure, stood overlooking the city of Albany and the East Bay of San Francisco for over 50 years. The cross had been installed on the original landowner's private property for the benefit of the community, because Christians had been carrying crosses up the hill every Easter for years, according to local community service group, The Albany Lions Club. The surrounding land was later sold to the city and became part of a public park. Before selling, the original landowner created an easement granting maintenance of the cross to the Albany Lions Club. 

After a local atheist group complained about the religious symbol in a public park, a federal judge ruled that the cross violated the First Amendment. The city council voted to acquire the easement by eminent domain, rather than sell it to the Albany Lions Club, and took down the cross in 2023. However, the Albany Lions Club continued to fight the city over the cross removal and easement dispute.

To end the ongoing litigation, the city announced in its October 7 city council meeting that it had agreed to settle the case, by paying over $1.5 million to the Albany Lions Club in exchange for the legal title to the entirety of the property.

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A past Easter service at the cross on Albany Hill. (Courtesy: Dorena Osborn) (Dorena Osborn)

"To end the ongoing litigation, the City stipulated to a judgment with the Lions Club to avoid additional litigation expenses. This judgment allows the City to condemn the easement, and remove the cross, which the City already did, that existed on Albany Hill Park for the benefit of the Lions Club.  The judgment requires the City to pay the Lions Club $1,530,000 for acquisition of their property interest, $500,000 of which has already been set aside with the State Condemnation Fund," the city of Albany announced.

"Additionally, the judgment fully resolves any and all claims the Lions Club may have had regarding the City’s removal of the cross and gives the City legal title to the entirety of the property, and completely clears title of the easement that previously existed on the Park."

"This resolves the matter, and therefore, the Lions Club has no legal right to use the property for the easement or to maintain the cross on the property, which the City has already removed," the statement continued.

Albany Lions Club President Kevin Pope told Fox News Digital that the city "exercised poor judgment" in how they handled the years-long dispute.

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The city of Albany settled its dispute with the Albany Lions Club over its giant cross, which once overlooked the East Bay of San Francisco. (iStock)

"I’m sad and angry that the Albany City Council has exercised such poor judgment in spending public resources to force the permanent removal of the Christian cross from Albany Hill. It did not have to be this way," he said.

Pope slammed the city for choosing "to pay over $1.5 million to tear down the cross," instead of just selling a small portion of the land to The Albany Lions Club so the cross could remain on private property, and questioned if the decision was a wise use of the city's "dwindling resources."

"Albany is now viewed by many as a place of intolerance toward religious values. Data shows there is an 'exodus' of people from California for that and many other reasons," Pope said.

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Albany Lions Club President Kevin Pope criticized the Albany City Council for how they handled the easement dispute over the cross. (iStock)

"The cross means the world to those who worship Jesus Christ; it’s the symbol of the great love God has for all of us, not just Christians, all of humankind, every race, religion, ethnic group, sex, etc. All of us, whether we believe in God or not. He still loves us," Pope said, quoting 1 Corinthians 1:18.

The Albany City Council referred to its public statement when reached for comment by Fox News Digital.

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