 In a decision issued on February 3, 2000, Judge Thompson upheld the transfer.However, in a 7–4 decision, the appellate court Ninth Circuit Court of Appeals found that the City's sale of the cross to the Mount Soledad Memorial Association violated Article XVI, section 5, of the California Constitution, which prohibits government from affording any financial advantage or subsidy to religion.The City and the Mount Soledad Memorial Association petitioned the Court for reconsideration and/or rehearing, which was denied on October 22, 2002.