Albany postpones removal of cross from public park

The cross atop Albany Hill will remain intact at least until a federal injunction hearing next month after both the city and the group fighting the removal agreed to wait on a decision, according to the city of Albany.

The Lions Club of Albany has maintained the cross on a private easement at the public park since 1973, lighting it up for holidays such as Easter and Christmas, as well as memorial dates like Sept. 11 and the anniversary of Pearl Harbor, according to the group. It asked a federal court last month for an injunction to stop the city from taking down the cross.

“The parties agreed to postpone the city’s removal of the cross pending a hearing on the Lions Club’s motion for preliminary injunction, which is set for Nov. 9,” said Brennan Brown, city public information officer.

The hearing will determine how the group proceeds in its defense of the 28-foot-tall plexiglass cross, according to attorney Bob Nichols, representing the Lions Club. Initially, the city of Albany said it would take the cross down after Oct. 4.

“The date for them to take it down was extended,” Nichols said. “The decision on if that injunction is granted is what the next steps are dependent on.”

In April, the Albany City Council unanimously passed a resolution to seize the easement from the Lions Club by eminent domain to force the civic organization to give up its right to the land and thus its right to keep the cross up.

The city then filed for prejudgment possession of the easement property, and on Aug. 30, the Alameda County Superior Court granted the city the right to remove the cross — but not until after Oct. 4, according to the city.

To stop the removal, the Lions Club filed a preliminary injunction motion on Sept. 21 in U.S. District Court against the city, according to court records.