Despite a judge’s dismissal on April 30 of a lawsuit by a Civil War history group that is seeking  — for history’s sake — to save the Vance Monument from looming demolition, the group’s attorney is planning to continue to “pursue all legal avenues” to preserve the landmark that has been called the “crown jewel” of downtown Asheville since 1897.

Indeed, H. Edward Phillips III, attorney for the Society for the Preservation of the 26th North Carolina Troops Inc., told the Daily Planet on May 11 that “we’re pursuing all legal options at this point, including an action that is now pending.” When pressed for details on the pending action, Phillips declined to elaborate.

“The April 30 order by Buncombe County Superior Court Judge Alan Thornburg clears the path for the deconstruction of the Vance Monument, which city officials said inappropriately celebrates Gov. Zebulon Vance, a slaveowner who wrote that a ‘putrid stream of African barbarism’ ran through the veins of black people,” the Asheville Citizen Times reported on April 4,

The ACT story added, “In the order, Thornburg said the Society for the Historical Preservation of the 26th North Carolina Troops Inc. did not have a valid claim, despite its 2015 work to refurbish the 75-foot granite obelisk costing $138,447. The group had said that work amounted to a contract with the city that was broken with the decision to tear down the monument.”

What’s more, Thornburg contended that the N.C. 26th  “failed to sufficiently allege a breach of contract claim.”

“Plaintiff organization and its individual members are not injuriously affected in their persons, property or constitutional rights in a manner to create an actual controversy and standing in this matter,” the ACT quoted Thornburg as saying.

“Thornburg denied the City of Asheville’s request that the group pay attorneys’ fees.

“The decision followed the March 29 denial by Buncombe County Superior Court Judge Steven Warren of a restraining order sought by the N.C. 26th,” the ACT noted.

Meanwhile, Phillips, in his interview with the Daily Planet, emphasized that his group’s legal effort to save the monument “is up to the courts to decide.”

And, contrary to an assertion in the ACT that the monument is “to a locally born Confederate governor,” Phillips said that “the Vance Monument is not a monument to white supremacy. It’s a monument to a two-term governor and a three-term senator” who lived a life of many major accomplishments.

As for the recent case dismissal, Phillips told the Daily Planet, “When you look at Judge Thornburg’s order on April 30, he said the contract had been fufllled.”

However, a significant amount of money was raised to save the monument, under the auspices of the city — “to preserve it for future generations, surely that means more than six and a half or seven years. Why did the city let people who donated tens of thousands of dollars if they just were going to tear it down?”

Also, Phillips said that, “in 2008, the city hired a conservator to assess properties throughout Asheville ... and one of the properties was the Vance Monument, which, it (the city) said was (found to be) in fair to poor condition, with leakage, grout missing” and other problems.

In response to learning the monument needed repairs, the attorney asserted, “The 26th North Carolina comes and raises money and puts together a plan with the city… The city had certain requirements. They pitched it as preserving it for the future.... The VTUST Study Club (organized in Asheville in 1945) donated $50,000,” accordiung to public records, he said. He noted that VTUST was comprised of “people who wanted to do ‘public good.’”

Phillips said that “the (city) officials think people are just stupid — that ‘we know better than the people.’”

Phillips added, “They wanted to destroy it (the Vance Monument” because two members of the (city-appointed) task force said they didn’t want this monument to be moved elsewhere because it will be a flashpoint for white supremecists.”

After a pause, Phillips emphasized that the history preservation group he represents certainly does “not condone that (racism).”

He then lamented that “these members of the task force are imbued with power of government.” At least in theory, “they don’t get to make that decision.”

Further, he said, “The quintessential problem in these cases… is that the fundamental goal of the (Gov. Roy) Cooper administration to take down the (Confederate) monuments and call them ‘symbols of white supremacy.’”

Phillips said Cooper’s stance is contrary to that of Thomas Jefferson, whom, he said, once wrote, “Knowledge belongs to the people.”

In other words, Phillips said, “the First Amendment is not being paid attention to” by Cooper or by Asheville officials, who convey the message to the populace that “we’ve told you what this means — and that’s sufficient.”