The problem here is that the land is now private property. there was a move to deed it to the city, but the Athiest attorney attacked that.
The BIG rub here for the Athiest is that once it is a Federal Court, he will have sue the Federal Government, through Federal Courts, and the U S Supreme Court has said it is O K to have a cross or 10 Commandments outside of a Court building.
"The problem here is that the land is now private property. there was a move to deed it to the city, but the Athiest attorney attacked that. "
Backwards, it is on city property, and there was an effort to deed it to a private entity, but that fell apart because of the 2/3rds vote requirement.
If the land was private property, the cross would not be in danger.