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I know the first cross was erected in 1913 and the City took over the property in 1916, however I could have confused it with the Mt. Helix case where Cyrus Yawkey deeded the property to San Diego County in 1925 before his passing.
Been a number of years since I've looked into the matter so I just reviewed the decision in Murphy v. Bilbray (which I had in a old folder where I keep reference documents sometimes when involved with debates). The history reviewed in the court documents clearly indicate Mr. Yawkey deeded the property to the county however doesn't say one way or the other for the Mt. Soledad property - only that the city acquired it in 1916.
So we'll go with the city using eminent domain.
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Are we even talking wbout the same deal?...lol