NC Supreme Court upholds Asheville’s removal of Confederate statue

Michael Praats
·2 min read
4

North Carolina’s highest court ruled in favor of the City of Asheville in a lawsuit challenging the city’s removal of a Confederate monument in 2020.

The lawsuit, filed in 2021 by the Society for the Historical Preservation of the 26th North Carolina Troops, alleged the City of Ashville and Buncombe County breached a contract by removing the Vance Monument from downtown Asheville.

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The Vance Monument was erected in 1897 in Pack Square Park in Asheville but faced issues with upkeep and fell into disrepair, according to the court’s decision. That’s when the group suing the city got involved and raised money to provide work on the monument and upkeep it.

“Plaintiff raised $138,447.38 for the purpose of restoring the monument, and on 30 March 2015, plaintiff executed an agreement with the City of Asheville … whereby plaintiff agreed to ‘purchase and conduct the restoration of the Vance Monument . . . and donate said Restoration to [defendant City] upon completion of the work,’” according to court documents.

The nonprofit claims they entered a contract with the city by raising that money – and say their efforts were essentially undermined when the city tore it down.

“Plaintiff asserted that it did not intend to raise money and expend significant amounts of time over the restoration period only for the monument to be torn down soon after completion,” according to the lawsuit.

In 2020, Confederate monuments across the state and the country faced significant backlash and some were even torn down by citizens, leading to some cities, including Asheville to remove them citing public safety concerns.

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The lawsuit shares similarities with another case out of Forsyth County where the United Daughters of the Confederacy challenged the removal of another monument. The North Carolina Supreme Court eventually ruled on the case and determined the organization did not claim ownership or ‘contractual interest in the monument,’ and dismissed the case.

When reached for comment, the City of Asheville provided a statement saying:

“On Friday, March 22, the North Carolina Supreme Court issued its opinion in the lawsuit filed against the City of Asheville in the wake of its decision to remove the Vance Monument. The City is extremely pleased with this result and we are grateful to the Court for its consideration of the issues involved in this case.

“With nearly three years of litigation at an end, the City looks forward to re-visioning Pack Square and the former monument site in a manner that fosters hope, healing, and inclusion. We are hopeful that this represents a meaningful turning point for this site, our City, and our many residents and visitors.”

Channel 9 reached out to the Society for the Historical Preservation of the 26th North Carolina Troops, the group has not responded to a request for comment.

(WATCH BELOW: North Carolina court says county doesn’t have to remove Confederate statue)