ASHEVILLE, N.C. (828newsNOW) —
A day after “VANCE” disappeared from the remaining base of the once-towering monument in downtown Asheville, a judge dismissed the latest lawsuit filed to block the dismantling, attorneys on both sides confirmed to 828newsNOW.
The Society of Historical Preservation of the 26th North Carolina Troops filed a lawsuit last week against the city of Asheville and Buncombe County, continuing its efforts to block the removal of the last pieces of Vance Monument.
On Wednesday, a Buncombe County Superior Court judge denied the group’s motion for a restraining order, the preservation group’s attorney, Henry Phillips said.
“I will provide no comment. I have too much to consider,” Phillips said by phone Wednesday afternoon. “Once I figure out the next step and what that looks like I’ll be happy to comment.”
PRESERVATION GROUP SUES AGAIN OVER VANCE MONUMENT
The court also granted the city’s motion to dismiss the group’s latest lawsuit, reaffirming previous legal rulings that allowed work to dismantle the base of the 75-foot tall obelisk to continue.
“We are pleased with the court’s decision this morning and will continue to contest any future appeals or new filings,” a city spokesperson said. “It remains the city’s position that the work to carry out the community’s wish to remove the monument and base is legally sound and will continue.”
‘VANCE’ DISAPPEARS FROM FAST-SHRINKING MONUMENT
On Tuesday, the base of the monument was taken down, including the four sides with “VANCE” on them. Crews began loading the pieces that surrounded the base onto a flatbed trailer Wednesday morning. By midmorning, only the bricks in the middle of the base were still standing.
“This morning’s hearing resulted in yet another successful outcome for the city, with the plaintiff’s request for a restraining order being denied and the city’s request to dismiss the lawsuit being granted. Given this history of these lawsuits, there are no guarantees that additional legal filings won’t be made. However, the city will continue our vigorous defense at every step,” the city spokesperson said.
