From Staff Reports

The attorney for the plaintiffs seeking to save the Vance Monument in the heart of downtown told the Daily Planet on Jan. 28 that he was notified on the night of Jan. 26 by the state Court of Appeals that the Vance Monument case would be included on its calendar “for some action” on Feb. 22.

The attorney, H. Edward Phillips III, added that the court has “a number of cases” scheduled for Feb. 22 and “did not set oral argument... I received it (notice from the court) at 6:44 p.m. CST (7:44 EST). I was kind of shocked it was sent out so late. Granted, I know the court has business to catch up on. But it took me by surprise.

“There are three ways they could progress — they could have it set for the calendar (is one way). So I think this might be a house-cleaning measure.”

Under that scenario, “it could be interpreted to put it on the docket, to provide an update to the litigants and the world that the case is on the radar screen. It’s been fully briefed, but we aren’t moving on yet, and are awaiting the state Supreme Court decision on the City of Winston-Salem et al v. UDC case....

“The second possibility is they’ve reviewed it, (decided) no oral argument needed, and they’re ready to make a decision.

“The third thing they could do is there could be a stalemate (2-1 vote) on it, so we think our precedent in the UDC case is applicable… Then it’s an automatic appeal to the state Supreme Court. If it’s a 3-0 decision against you, you’ve got to get to the Supreme Court for the right of review,” Phillips said.