Attorneys for both sides of the case — in which the plaintiffs are seeking to preserve the Vance Monument in the heart of downtown Asheville from demolition by the defendants — are awaiting action from the North Carolina Court of Appeals before they can resume what is shaping up to be a historic legal battle.

Attorney H. Edward Phillips, representing the Society for the Historical Preservation of the 26th North Carolina Troops (that seeks to save the monument), told the Daily Planet on Aug. 8, “After the record on appeal has been filed, the court will establish a briefing schedule for the parties. The parties may choose to file any appropriate motion before the court at that time. If anything’s filed, the court will act accordingly.”

Meanwhile, Asheville City Attorney Brad Branham emailed a response to Phillips comments published in the Aug. 1-14 Daily Planet.

In an email dated Aug. 6, Branham addressed a request from the Daily Planet for a response to Phllips’ assertions in an Aug. 1 story headlined “Court order violation by city?” and with a subhead stating, “In removal of pieces of Vance Monument from its site, there ‘seems to be a distinct possibility’ of an offense, attorney says,” as follows:

“I do not believe any new issues have been raised in these comments. 

“The city feels very confident in its actions to safeguard the monument materials as well as honor its obligation and commitment to preserve the safety of our residents and visitors in and around Pack Square by relocating the materials to secure them while the Court considers the legal issues presented. 

“Our legal position remains unchanged from my previous statement, and feel additional comment is unnecessary at this time.”

Regarding Branham’s Aug. 6 statement, Phillips said, “I appreciate and respect Mr. Branham’s response, but it appears to be more of the same.

“Simply put, and with no animosity toward the Asheville legal department, it reminds me of the ‘doublespeak’ that George Orwell famously discussed in his novel ‘1984.’” 

(Orwell’s “doublethink” is credited with having inspired the commonly-used term “doublespeak,” which itself does not appear in the book “1984.”)

Continuing, Phillips noted, “If I were to amplify any point, it would be this — that many in power fail to learn the lesson that ultimately their actions are subordinate to the will of the voters. Sooner or later, the public will become tired of being led down a primrose path in order to achieve notions of equity that, instead of unifying people, undermine deep bonds of friendship, community and solidarity.”

What’s more, Phillips added, “Maybe I’m cynical, but I think voters are smart enough to know when the wool is being pulled over their eyes, that the view of the majority is being ignored and ‘the wizard’ tells us not to look behind the curtain. Harkening back to the ‘Wizard of Oz,’ he was an ordinary man and not an all-powerful wizard. 

“And in this instance, the leaders of the city are just ordinary people, who answer to the voters. A person who has power sometimes is afraid of exposing their humanity and the fact that they are not all-knowing or all-powerful.”

After a pause, Phillips asserted, “I appreciate everyone’s position. I want people to understand that I do not ignore people’s desire to redress grievances. However, where it becomes almost untenable is when we seek to punish current generations for the past actions of prior generations. 

“Therefore, any movement that finds itself anchored in revenge for the past is self-defeating because once vengeance is obtained at whatever the cost, then what community or solidarity or friendship do any of us really possess? 

“Not to mention from a religious perspective — the idea of the sin of one generation passing to the next has no biblical foundation and is instead rejected as something that is unholy and wrong because if we operate under that mantra, every society, every culture every people, are subject to being judged by the sins of their mothers and fathers — and humanity ceases to move forward.”

In closing the interview, Phillips emphasized,  “At the end of the day, I hold no disrespect or animosity toward the City of Asheville’s legal department nor the city officials themselves.”

On June 4, the state Court of Appeals ordered the City of Asheville and Buncombe County to stop the demolition of the Vance Monument pending the outcome of an appeal by Phillips on behalf of the Society for the Historical Preservation of the 26th North Carolina Troops.