| |
96-4191a -- Summum v. Callaghan -- 11/28/1997 |
 | | at 231, the court denied Summum's motion to alter or amend the judgment in Summum I. The district court dismissed Summum II on the grounds of res judicata, having previously observed that Summum II is "in essence, the proposed amendment to the Summum I complaint." Id. |
 | | Summum alleges that its requests to erect a similar monolith were summarily rejected, that County Commissioners have sole authority in deciding who may place a permanent monolith on county property as well as the content of such displays, and that the County seeks to censor Summum's ideas. |
 | | The court recognized that Summum II was in essence the amended complaint; that the free speech claim was closely related to the free exercise claim; that it had already held no public forum had been created in deciding Summum's free exercise claim, and therefore Summum's free speech claim also failed as a matter of law. |
| www.kscourts.org /ca10/cases/1997/11/96-4191a.htm (7591 words) |