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Albany Hill Cross

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Resolution to Albany Lions Club Litigation: 

When the City acquired Albany Hill Park, it was encumbered with an easement that allowed for the cross that was already in place.  After litigation ensued between the City and the Lions Club in 2018, a federal judge made clear that the cross on public property violated the Establishment Clause.  Given this concern, the City made the decision to condemn the easement and remove the cross.  As part of the eminent domain litigation to condemn the easement and remove the cross, the City successfully defended numerous challenges and claims brought by the Lions Club to try and block the removal of the cross.  As part of the litigation, the City established that it had the right to remove the cross and condemn the easement, and that in doing so, the City did not infringe on anyone’s rights. 

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.  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.

Confirmation of City Entitlement to Removal of Cross:

On Thursday June 8, 2023, the City removed the cross situated on Albany Hill Park.  The cross was removed in accordance with the Court’s August 30, 2022 and January 28, 2023 orders allowing the City to remove the cross.

In January 2023, the Court affirmed the City’s pre-judgment possession order, confirming the City was entitled to remove the cross.  The Lions Club then filed an appeal of the order, which was denied by the Court of Appeal.  Thereafter, the Lions Club filed a motion with the federal court seeking to have the federal court lift its previous stay of the federal litigation.  The Lions Club also sought a temporary restraining order with the federal court, seeking to prevent the City from removing the cross.  On March 9, 2023, the federal court denied the Lions Club’s request to lift the stay and denied the Lions Club’s request for a temporary restraining order.  All pertinent documents are listed here.

Resolution No. 2022-32

On April 4, 2022, the City Council unanimously voted to pass Resolution No. 2022-32 to acquire an easement held by the Albany Lions Club to maintain a cross located in Albany Hill Park.  Thereafter, the City initiated an eminent domain lawsuit to acquire the easement.  As part of the litigation, the City filed a motion for prejudgment possession, which allows the City to obtain possession of the property, and remove the cross, prior to a final judgment being entered in the lawsuit.  On August 30, the Court issued its ruling, granting the City’s motion to obtain possession of the property, and remove the cross.  Pursuant to the Court’s order, the City can remove the cross from Albany Hill Park after October 4, 2022.  

Public Statement: Albany Lions Club v. City of Albany

In 2017, the Albany Lions Club filed a complaint in the United States District Court against the City of Albany and several City officials (Case No. 3:17-cv-05236).  The City defendants responded with a counterclaim.  The individual City defendants were later dismissed.  On June 15, 2018, District Judge William Alsup issued an order granting in part and denying in part the parties’ cross-motions for summary judgment.  The parties subsequently participated in a mediation session supervised by Magistrate Judge Sallie Kim and reached a partial settlement.  The partial settlement could not be made public until after it received approval from the City Council and the Bay Cities Joint Powers Insurance Authority (the City’s risk management pool) and was documented in a written settlement agreement.  The main terms of the partial settlement are as follows: 

  1. The Lions Club will dismiss with prejudice all causes of action asserted in their complaint, including all claims for recovery of monetary damages, attorney fees, and court costs.
  2. The City will pay the sum of $125,000 to the Lions Club, which sum covers all monetary damages, attorney fees and court costs asserted by the Lions Club in their complaint and described in paragraph 1 above. Although not specified in the settlement agreement, $100,000 of this amount will be paid by Bay Cities.
  3. The settlement resolves all disputed legal claims asserted in the Lions Club’s complaint but does not constitute an admission of liability by any party.
  4. The parties will jointly request that Judge Alsup enter a final judgment on the issues presented by the City’s counterclaim – a necessary prerequisite for appeal.
  5. The parties retain their right to appeal to the Ninth Circuit Court of Appeals with respect to all issues presented by the counterclaim. However, neither party will seek recovery of monetary damages, attorney fees, or court costs relating to the appeal from the other party.

The settlement agreement is a public document, and can be found here.

Additional Information Regarding the Albany Hill Cross

Statement read by Mayor Peggy McQuaid at the September 18, 2017 City Council Meeting:

The Albany City Council was dismayed to learn that in a departure from historical practice, the cross on Albany Hill was lit by the Albany Lions Club on Monday, September 11.  Flags on city buildings and parks were flown at ½ staff on that day which is an appropriate, non-denominational civic remembrance of that terrible and tragic day. I am sure many Albany residents paused during the day for personal reflection.

I want to reiterate that the neither City Council nor the City of Albany endorses in any way the lighting of the cross for any occasion, religious or nationalistic, or supports its continued presence on public property

We have been notified that the Lions Club filed suit in federal court on September 11 against the City of Albany and several employees and council members individually.  This civil action seeks damages and injunctive relief for deprivation of due process, equal protection, interference with the right of free speech, and interference with the free exercise of religion.  The City will respond to the Lions Club's claims through the judicial process.

We appreciate the input and support received to date from the public and encourage you to continue respectfully sharing your concerns with the Lions Club as well as the City Council.