Explore the Lawsuits about the Removal of this artwork.
A Civil War re-enactment group based in Rutherfordton, North Carolina called the Historical Preservation of the 26th North Carolina Troops Inc., also known as the 26th North Carolina Regiment, filed a lawsuit in April 2021 claiming the city was in breach of contract by voting to remove the monument despite the group's restoration efforts since 2015, including the raising of nearly $140,000. Buncombe County Superior Court Judge Alan Thornburg dismissed the suit on April 30, 2021.The 26th North Carolina Regiment filed an emergency request with the North Carolina Court of Appeals to halt the demolition of the monument until after they could file an appeal. The Court of Appeals acted on June 4, 2021, stopping demolition work and requiring the city to retain all parts of the monument. In a June 28, 2021 filing with the Court of Appeals, the 26th North Carolina Regiment claimed the city violated the order to stop work on the monument by removing the granite obelisk. The city said it moved the blocks for safety reasons and so that the area could be reopened. An attorney for the 26th North Carolina Regiment said it was not known where the blocks were as the city would not reveal this information because of security concerns. The group hoped the case would result in rebuilding the obelisk. However, its outcome depended on the resolution of a North Carolina Supreme Court case involving the Confederate Soldiers Monument in Winston-Salem, expected to take as long as eight months.The Court of Appeals ruled in the City's favor on April 5, 2022. This ruling allowed Asheville to continue with its removal of the monument. However, there were fifteen days for an appeal to be filed. On April 10, the 26th North Carolina Regiment's board voted to appeal the ruling to the North Carolina Supreme Court. Their attorney, H. Edward Phillips III, said, "I still believe the City of Asheville does not have the authority to destroy the Vance Monument. What I do believe is that under the Monument Protection Act, the city has the authority to move the monument to a place of similar prominence and equal access to the public within the city." Phillips also added that the 26th North Carolina Regiment has standing in this case because of the money they raised to restore the monument.The North Carolina Supreme Court blocked the April judgment from the Court of Appeals in December 2022, announcing that it would take the case. The plaintiff filed an appellant brief on February 16, 2023, to which the city indicated it would respond.
Winston-Salem Civil War North Carolina Court of Appeals Alan Thornburg obelisk Asheville North Carolina Supreme Court Buncombe County Confederate Soldiers Monument Rutherfordton, North Carolina