An atheist has filed a lawsuit against the mayor of Corpus Christi, Texas over a giant cross that is being constructed.

Patrick Greene said the 230-foot tall cross that is being built on a property of Abundant Life Fellowship near the Interstate 37 is "tacky as hell," according to Fox News.

Pastor Rick Milby, who is leading the project, said the cross will be the largest in the Western hemisphere.

Greene said, "I don't think it should be within eyesight because it jeopardises people's safety on the road."

However, his lawsuit is not about safety but because the city's mayor and other city council members attended the groundbreaking ceremony.

Greene is suing Milby, Mayor Nelda Martinez and council members Carolyn Vaughn and Lucy Rubio.

The lawsuit, filed on Tuesday in Nueces County, said the four accused violated the Texas Constitution, which prohibits a person of authority from giving preference to any religion or worship method, the Corpus Christi Caller Times reported.

Greene is asking the court to admonish the mayor and the two council members.

"When I saw the mayor in her official position and the council in their official positions attending a groundbreaking ceremony for a Christian symbol – that smacked right in the face of the Constitution of the state of Texas," Greene said.

Milby is included as he is accused of inviting Martinez and the council members to the event.

"It's ridiculous. He's attacking my rights and the rights of the mayor. The groundbreaking was on a Sunday and these are Christians and they have a right to their faith," Milby countered.

Lawyer Jeremy Dys of law firm First Liberty said, "It's shocking to me that we've gotten to a point in society where we have atheists suing pastors for crosses erected on church property."

Milby was dropped from the lawsuit but not the city officials.

"No matter what belief you have, this is the name of our city and it was my constitutional right to attend, and I will never regret being there for this wonderful moment," Mayor Martinez said.

Dys said no one can ban people from going to church.

"This guy is trying to use the legal system to ban city council people from attending any type of church service. To get the court to admonish them for daring to go to a church service is just wrong," he said.

Although the cross is being built on church property using money donated by churchgoers, Greene still insisted that Milby was wrong in inviting the city officials.

"Church property or not, the reverend showed incredibly poor judgment in putting it where everybody can see it—just because he wants to proselytise his faith and get converts," he said.