Problem
Phil lives in rural Jefferson County on 15 acres. He has erected a 40 foot Christian cross fabricated out of metal which is illuminated by four dozen 100 watt light bulbs. Every evening from 9pm until 11pm, Phil illuminates the cross. This cross can be seen for miles around. A local atheist group files a lawsuit asking the court to issue an order preventing Phil from illuminating the cross because it is offensive to them as a group.
Who prevails in this lawsuit and why?