The attorney for the plaintiffs seeking to save from demolition the Vance Monument — the centerpiece of downtown Asheville since 1898 — planned to file a new lawsuit as early as possible May 6 in Buncombe County Superior Court to prevent the City of Asheville from later that day beginning removal of the obelisk’s granite base and disposing of the blocks already removed that are in the city’s custody.

Conceivably, the city could begin taking action to remove the base and deal with items already in storage.

Specifically, H. Edward Phillips III, the plaintiffs’ attorney, noted in a brief May 3 telephone interview with the Daily Planet that the monument’s base is its only portion that still remains on Pack Square and that, besides keeping the city from destroying it, the plaintiffs also want assurances that the stones and other pieces from its tower will continue to be protected.

Ultimately, he said, the new lawsuit’s quest is to have the monument rebuilt and preserved for future generations at its current location or some similarly prominent location in the city — and which, the plaintiffs note, may have been damaged before the previous litigation over its fate was even completed.

Previously, the plaintiffs, the Society for the Historical Preservation of the 26th North Carolina Troops, sought to stop the City of Asheville from demolishing the landmark in a case that went from the Buncombe Superior Court to the North Carolina Court of Appeals and, finally, to the North Carolina Supreme Court. The plaintiffs met with defeat in each court, with the superior and appeals courts stating that they lacked “standing,” while the high court ruled that the plaintiffs do have “standing.”

However, the state’s highest court stated, “... we reverse the Court of Appeals determination that plaintiff’s breach of contract claim should be dismissed for lack of standing, thereby underscoring the position taken by the plaintiffs that they have standing.”

During the litigation to save the monument, the city began demolition of obelisk, removing all of the stones in the tower, leaving the base intact — until the court finally ordered the city to “cease and desist” on the razing until the litigation over the monument’s fate was completed. 

The city complied and — as City Attorney Brad Branham had assured the Daily Planet repeatedly in interviews — is storing the monument’s stones and others pieces from its tower in undisclosed warehouse locations in the city — and that the city plans to dispose of them when the litigation ended.

From Staff Reports

HCA Healthcare, which owns Asheville-based Mission Health, “faces another federal lawsuit accusing the company of not properly compensating its workers.”Asheville television station WLOS (News 13) reported on May 2.

“The class and collective action suit was filed on Thursday, April 25, in the Western District of North Carolina,” News 13 noted. “According to court documents, the plaintiffs accuse HCA of rounding the times they clocked in and out to the nearest half hour.

“They claim their time cards were submitted to payroll with inaccurate hours, meaning they were not paid for the whole time they worked or properly compensated for overtime,” the TV station stated.

Meanwhile, the Daily Planet contacted Nancy Lindell, division director of public and media relations for Mission Health, asking for her comment on local news media reports stating that HCA Healthcare ‘faces another federal lawsuit accusing the company of not properly compensating its workers.’”

In response, Lindell sent the the following statement:

“Regarding the lawsuit, we are not commenting on this ongoing litigation.”

The Daily Planet also asked Lindell to comment on Novant Health’s plans to seek approval to build a 26-bed cancer hospital in South Asheville — as to whether she thinks it even is needed. if she thinks the timing is unusual (given the sudden entrance into the Asheville market of several health care competitors), and if she thinks that Mission Health is unduly under fire from local and staff officials.

In response, Lindell sent the following statement: 

“Mission Health remains committed to providing theregion’s most advanced healthcare and will continue to take our community’s evolving health needs into account as we look to the future.”

From Staff Reports

The Winston-Salem-based nonprofit Novant Health announced on April 30 that it will be applying to build a new, 26-bed cancer-focused hospital in Buncombe County.

“Plans have the hospital located on a 24-acre site at 455 Long Shoals Road” in South Asheville, Asheville television station WLOS (News 13) reported later April 30.

“We’ve said for years that we are committed to Western North Carolina — we are all in,” said Carl S. Armato, president and CEO of Novant Health, in a press release. 

“We are excited about this new opportunity to bring much-needed compassionate care and lifesaving innovation to the region. We’ve already taken steps to preserve cancer care access in partnership with respected local surgeons, and we look forward to building on that momentum with this proposed hospital.”

News 13 added, “State regulators will make the final decision.” The new facility would be called the Novant Health Asheville Medical Center.

Beckershospitalreview.com reported, “Additionally, the hospital, built on 24 acres, would blend the knowledge of local physicians with the resources available at Novant Health’s Cancer Institute, according to the health system.”