This issue came up on our list recently...
U.S. Supreme Court throws out latest challenge against Mount Davidson cross
To the dismay of two atheists from San Jose and San Francisco, the
U.S. Supreme Court made certain Monday that San Francisco's historic,
103-foot cross atop Mount Davidson is going to stay right where it
is. After 13 years of litigation, the Supreme Court refused to hear
the latest legal challenge involving the cross, ending the efforts of
atheists Davis Kong and John Messina to block San Francisco's sale of
the landmark and a slice of nearby property to a private group. The
nearly 70-year-old cross is one of the largest in the country and was
dedicated by President Franklin Roosevelt. ...
http://www.bayarea.com/mld/mercurynews/5738956.htm