News-13 calls it the ‘final decision,’ but plaintiffs’ attorney says, ‘We’re exploring our options’

“The Society for the Historical Preservation of the 26th Regiment North Carolina Troops sued to stop the removal of the monument erected in honor of former North Carolina governor and slave-owner Zeb-ulon Vance, who was born in Buncombe County,” News 13 said, adding, “In December 2022, the Supreme Court blocked an April 2022 judgment from the N.C. Court of Appeals, which ruled in favor of the city and allowed the removal of the monument, and agreed to review the case. The state Supreme Court began hearing oral arguments in the case in November 2023."

’Leaders with the Vance Monument Task Force held a press conference on the matter later March 22.

Meanwhile, the Greenville, S.C.-based television station FOX Carolina reported the following on the decision on March  22:

“The North Carolina Supreme Court released a ruling Friday, affirming the North Carolina Court of Appeals’ decision to allow the City of Asheville to move forward with removing a Confederate monument in the city.

“The case centered around a controversial monument in Pack Square of Zebulon Vance, a Confederate colonel and the former North Carolina governor in Pack Square.

“The City of Asheville and Buncombe County had already begun removing the monument when The Society for the Historical Preservation of the Twenty-Sixth North Carolina Troops Inc. filed a lawsuit against the city to prevent them from demolishing the 75-foot obelisk, saying it should be protected as a historical monument.

“In December 2022, the North Carolina Supreme Court allowed a petition asking them to examine whether the Court of Appeals was wrong in its dismissal of the complaint against the city. 

“After reviewing the case, the North Carolina Supreme Court upheld the decision stating that the “plaintiff has failed to assert any ground for which it has standing to contest removal of the monument.”

Elsewhere, ncnewsline.com reported the following — headlined “N.C. Supreme Court dismisses lawsuit trying to save Asheville Confederate monument” —  on the decision:

“The North Carolina Supreme Court dismissed a lawsuit Friday afternoon that had been attempting to save a Confederate monument in Asheville.“The Society for the Historical Preservation of the 26th North Carolina Troops sued to stop the city’s removal of a 75-foot-tall monument to Zebulon Vance, a Confederate and two-time governor who also served in the U.S. Senate, and potentially force them to re-erect it.

“In oral arguments, an attorney for the preservationists told the Supreme Court the case was about three issues: the Monument Protection Act, a law that prohibits the state from removing a monument without the North Carolina Historical Commission’s approval; whether the historical preservation group has the right to make their case in court; and whether cities and the executive branch are bound by the Monument Protection Act to enforce the law, or if private interest groups must do it.

“Those in favor of removal, meanwhile, said the statue’s presence would stand as a continual symbol of white supremacy. The statue’s removal is another chapter in a broader national reckoning about the place Confederate monuments have in conscientious communities searching for ways to topple the vestiges of slavery — or protect public safety from clashes and protests at the sites of these markers,” ncnewsline.com noted.

“The Supreme Court did not base its decision on the bulk of those arguments. In a 12-page unanimous ruling, Associate Justice Philip Berger Jr.’s opinion affirmed the lower courts’ decisions that the historical society did not have standing to sue.

“Berger wrote that the Supreme Court’s precedent does not mean people or organizations cannot in the future challenge the removal of Confederate monuments, but if they don’t meet certain legal thresholds then their cases can be dismissed.

“The preservationists’ lawyer (Phillips) argued before the Supreme Court that the society had had an agreement with the city to restore the monument, contending that removing the monument would breach that contract. Berger wrote in his opinion that the society ‘abandoned the breach of contract claim in its appeal to this court,’ which meant they did not sufficiently argue their reasoning to contest the monument’s removal,” ncnewsline.com reported.

City attorney ‘pleased’ with Vance Monument decision

From Staff Reports

After the North Carolina Supreme Court’s decision in favor of the City of Asheville in a case challenging its removal of the Vance Monument, the Daily Planet sought a statement on the decision from City Attorney Brad Branham. 

Following is Branham’s statement, on behalf of the city, that he emailed to the newspaper late afternoon March 22:

“The City of Asheville is pleased with the opinion issued today by the North Carolina Supreme Court in the case involving the Vance Monument. 

“This has been a long legal battle which we are happy to see brought to a close. Today’s ruling will put an end to the extended limbo that has surrounded Pack Square in the former site of the monument. 

“Though I certainly recognize opinions on this issue may differ, it is my sincere hope that today’s ruling allows the city to move forward together with a new vision for Pack Square and our city.”