From Staff Reports

Following a decision by the plaintiffs to appeal their case to preserve the Vance Monument (a landmark located in the heart of downtown Asheville since 1898) to the N.C. Supreme Court, the City of Asheville intends to vigorously stand its ground on its right to demolish the 75-foot-tall granite obelisk, according to Brad Branham, Asheville’s city attorney.

The Daily Planet contacted Branham for a statement or an interview on April 22, regarding the current appeal involving the Vance Monument, and he emailed the newspaper the following statement:

“As is always the case, the city respects the right of litigant parties to the appellate process. 

“However, our confidence and conviction in the city’s authority remains unchanged.

“To date, every court which has reviewed this matter has affirmed the city’s legal position and we are confident the Supreme Court will either reject the request for review or will follow the lead of the previous two courts.

“The city’s stance on the legality for removal of the monomument remains the same, and we will continue to vehemently defend that position until the judicial process has reached its inevitable conclusion.”

City’s initial press release points to plan to proceed with monument’s removal

After the N.C. Court of Appeals decision to affirm the City of Asheville’s stance that it has the right to demolish the Vance Monument — and before an appeal was filed with the N.C. Supreme Court by the preservationist plaintiffs to continue the legal challenge — the city posted a press release on April 5, headlined, “N.C. Court of Appeals affirms decision in removal of Vance Monument.”

The following is the city’s complete press release in which it noted that the city planned to resume removal of the monument:

“This morning (April 5), the North Carolina Court of Appeals issued a decision in the lawsuit filed against the City regarding the removal of the Vance Monument. In its decision, the Court affirmed the previous decision of the Buncombe County Superior Court which dismissed all of the claims against the City.  

“‘This result allows the City to proceed with removal of the monument, including the remaining base and fencing. We were pleased to hear the court’s decision and stand behind our community task force’s recommendation to remove the monument,’” said Asheville Mayor Esther Manheimer.

While additional appeals may still be made to the N.C. Supreme Court, the deadline to do so only exists for the next 15 days. 

“If no further appeals are filed, the City will proceed with the revisioning process for Pack Square.”