Vance Monument: N.C. Court of Appeals rules in favor of Asheville; city 'moving forward'

ASHEVILLE - The N.C. Court of Appeals ruled April 5 in favor of the city, affirming a lower court judgment to dismiss the lawsuit against the city challenging its removal of a downtown confederate monument.

The case was scheduled for review Feb. 22 by the N.C. Court of Appeals, the next step in a lengthy process to determine the fate of the obelisk that was built to honor former Gov. Zebulon Vance.

In an opinion authored by Judge John Arrowood, the court ruled that the Society for the Historical Preservation of the 26th North Carolina Troops, which brought the challenge against the city, "lacked standing to assert its claims," and that the trial court did not err in dismissing the society's complaint.

City Attorney Brad Branham said both he and the city were "incredibly pleased" with the court's decision, and it upholds the lower court's determination to dismiss all of the claims filed.

"I think that this opinion further illustrates the legitimacy of the earlier action taken by City Council to remove the monument. That was a decision that was not made lightly," Branham said.

Previous coverage: Challenge to Vance Monument removal in Asheville set for Feb. review by NC Appellate Court

Rather than hear oral arguments, the panel of judges deliberated based solely on the legal briefs filed by the city and plaintiff with the Court of Appeals.

Chief Judge Donna Stroud and Judge April Wood concurred with the ruling.

“It allows us to move forward," Branham said of the ruling. "A year later than hoped, but still moving forward, with the re-envisioning of the Pack Square Park area.”

Edward Phillips, lawyer for the Society for the Historical Preservation, said April 5 he was discussing options with his clients, and was "exploring" the idea of potentially seeking an appeal in the N.C. Supreme Court.

Branham said the plaintiff has 15 days to request an appeal from the N.C. Supreme Court, but simply filing an appeal does not mean additional review will occur.

The case surrounds Vance Monument, a 75-foot-tall granite obelisk that stood in Pack Square Plaza — in the heart of downtown Asheville — all but its base taken down as of June 2021 after Asheville City Council voted 6-1 March 23, 2021 to remove the Confederate monument.

More: Three project managers vie to control the future of Asheville's Pack Square Plaza

Vance was a Confederate-era governor who opposed rights for Black people and whose family enslaved people prior to the Civil War. As a U.S. congressman, Vance wrote denigrating things about Black people, saying their blood contained "a putrid stream of African barbarism."

The historical preservation group is seeking to stop the removal.

The state court and state historical commission have already ruled in the city's favor, though a Sept. 8 motion from Asheville to dismiss the lawsuit was denied by Clerk Eugene Soar of the N.C. Court of Appeals Sept. 21.

The initial lawsuit, filed by the 26th North Carolina Troops in March as City Council voted to remove the monument, alleges a breach of contract between the two, after the group raised more than $138,000 in 2015 to restore the monument.

The obelisk has been deconstructed and the site cleared of debris.

Branham said the city would watch and see if a request for appeal was filed, but expects to proceed as soon as possible with removal of the monument's base and its plans for the space surrounding the monument site.

More: Vance Monument appeal to move forward; lawyer cites breakthrough COVID-19 diagnosis

The city is currently considering applicants for the role of project manager who, once selected, will lead a process to develop a vision for Pack Square Plaza.

The impetus for the project comes from Asheville City Council direction following its decision to remove the monument, and aims to create a new narrative around the past, present and future of the plaza.

Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email shonosky@citizentimes.com or message on Twitter at @slhonosky.

This article originally appeared on Asheville Citizen Times: N.C. Court of Appeals rules in favor of city in Vance Monument case