Duchesne City hopes this scene in Roy Park - along with a sign saying the small plot in the park is now private property - will end a federal lawsuit filed by the Salt Lake City-based Summum religion.
But Summum founder Corky Ra wants his religion's "Seven Aphorisms" monument to reside within the park, too.
If the city can sell the local Cole family a 10-by-15-foot plot for their Biblical monument, he wants a piece of city land for his.
Duchesne officials have passed an ordinance that states the city will no longer allow private monuments on government land. Attorney Edward White, from the Michigan-based Thomas More Law Center, arguing before U.S. District Judge Dee Benson on Wednesday, said the city transferred the small plot in deference to the long-standing relationship with the Cole family, who originally donated the Ten Commandments monument 25 years ago.
White said a reasonable person would understand the city is not endorsing the monument because of the fenced-off area and the sign.
But Ra's attorney, Brian Barnard, disagreed, saying the city only "emphasizes the special status granted to these folks" by putting up a fence and a sign.
Barnard listed ways the city could appease his client ranging from selling the entire park to a private interest; moving the monument to the city cemetery, where other religious symbols are plentiful; building a 6-foot cinder block fence around the monument; or their first choice, provide an equal space for the Summum followers.
Both sides have asked Benson to decide the case in their favor before trial. Benson, who played devil's advocate with each attorney throughout the hourlong status hearing, promised to issue a ruling in mid-October.