Appeals court to hear atheist’s case over landmark

A Chicago federal appeals court is to hear an appeal by an atheist wanting to force the return of a state grant that helped pay for the restoration of an 11-story cross considered a southern Illinois landmark.

The (Carbondale) Southern Illinoisan reports the 7th U.S. Circuit Court of Appeals on Wednesday will take up Rob Sherman’s appeal involving the $20,000 grant used to rehab the Bald Knob Cross of Peace near Alto Pass.

Sherman argues using taxpayer money for the project is unconstitutional.

A federal judge in February tossed out Sherman’s lawsuit, ruling the grant was made by the state’s executive branch and wasn’t a designated legislative “earmark” as Sherman alleged. The judge also said the state’s economic-development agency has discretion in how it doles out its money.