Judge issues ruling in new lawsuit trying to save Asheville's Vance Monument, city says
ASHEVILLE - A judge has dismissed a new lawsuit filed to save downtown's Vance Monument, and denied the plaintiff's request for a restraining order to temporarily stop ongoing demolition work, the city says.
Despite recently losing their case less than two months ago in the North Carolina Supreme Court, plaintiffs looking to save the once-prominent marker to a Confederate governor filed the new complaint May 6 in Buncombe County Superior Court.
The city filed its response May 13, noting that three courts had already ruled against the Society for the Historical Preservation of the 26th North Carolina Troops, including the state's highest court in a March 22 decision that said the monument to Gov. Zebulon Vance could be removed.
City Attorney Brad Branham said the latest hearing was held May 15. Following arguments by both sides, the court denied the plaintiff's request for a restraining order and granted the city's motion to dismiss the lawsuit entirely, he said.
"We are pleased with this latest ruling, and believe it further illustrates the complete absence of legal support for the plaintiff's arguments. The simple fact remains that this nearly identical claim was filed by the very same party three years ago. It was dismissed then, and the Court was correct to dismiss it again," Branham told the Citizen Times May 20 via email.
"This baseless attempt to prevent final removal of the monument will not deter the City's efforts to complete the work as directed by the City Council, and to make the space ready for the new vision of Pack Square to come."
The court did not impose additional sanctions over and above the lawsuit, Branham said.
The plaintiff's attorney, Edwards Phillips, said his clients do not intend to move forward with any further action, as it was their understanding the city intended to destroy the monument material.
"So it's over, completely," he told the Citizen Times May 20.
Phillips said he hopes if the city does not destroy the monument's material, that it could be rebuilt on private property. If there's a "shot" of that possibility, he said he would like to facilitate that conversation.
City Council voted as part of its April 23 consent agenda to re-up its contract with the firm that began removal of the monument in 2021.
According to a city staff report, upon removal, it will be the contractor's responsibility to dispose of the material. Additionally, the material will be "altered in some way" to make it impossible for the monument to be reassembled from the original material, the report said.
Removal of the monument's base, all that remains of the marker, began May 14. Work is expected to last two months.
Born in the Reems Creek community near present-day Weaverville, Vance practiced law in Asheville, starting a political career in the N.C. Senate that included stints as governor and the U.S. Senate. He served as a Confederate officer in the Civil War before being elected governor. Vance was an enslaver and white supremacist, according to historical records, the Citizen Times has previously reported.
Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email shonosky@citizentimes.com or message on Twitter at @slhonosky. Please support local, daily journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Judge dismisses lawsuit in Asheville Confederate -era monument case
