An atheist is using the separation of church and state argument against a cross in Texas.

Abundant Life Fellowship is constructing a cross in Corpus Christi that's 210 feet tall and 95 feet wide, reportedly the tallest in the Western Hemisphere, along an interstate leading into the city.

Texas atheist Patrick Greene is suing the church and its pastor, Rick Milby, on the questionable legal argument that inviting the mayor and two city council members to a groundbreaking ceremony violated the Texas Constitution.

Attorney Jeremy Dys of First Liberty Institute tells OneNewsNow that Greene is expected to amend the the lawsuit to include a lawsuit against the city council members and the mayor, Nelda Martinez.

"So he's effectively trying to use the legal system in order to ban people from going to church," Dys says of Greene.

The plan to erect the cross is known as the Corpus Christi Cross Project, reports The San Antonio-Express News, which noted that Greene referred to the cross as "tacky as hell" and claimed it was a distraction to drivers.

Milby, the pastor, told Fox News that Greene is "attacking my rights and the rights of the mayor."

The groundbreaking was on a Sunday, Milby said, and the mayor and council members are self-professed Christians who are allowed to live out their faith.

Martinez called the ceremony a "wonderful moment" and said she had the constitutional right to attend.

"This an opportunity for the city to come together and recognize the contributions that one church is making to its community. There's nothing wrong with that," Dys tells OneNewsNow.

Greene doesn't actually live in Corpus Christi. He lives in San Antonio 144 miles away.

The name "Corpus Christi," incidentally is Latin for "Body of Christ."