After loss at state’s top court, plaintiffs in Vance Monument fight file another lawsuit
Crews work to dismantle Vance Monument in 2021
By Madison Smith
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ASHEVILLE, North Carolina (WLOS) — Despite a recent state Supreme Court ruling in favor of the city of Asheville over the removal of Vance Monument, the plaintiffs in the case have filed another lawsuit.
The Society of Historical Preservation of the 26th North Carolina Troops has re-filed a lawsuit against the city to save the once-prominent marker dedicated to Confederate Governor Zebulon Vance.
The new filing restates the society’s previous claims that the 2015 $138,447 payment to the city for the monument’s repair should be seen as a contract that the city broke in removing the statue.
It’s an argument that the North Carolina Supreme Court ruled against in March 2024.
There are a few minor additions to this complaint, for example, the society is now asking for monetary damages.
City Attorney Brad Branham says the city will be taking immediate action and filing their response with the Buncombe County Superior Court.
“We’re going to vigorously defend against this and seek to have the court issue the necessary order to dismiss this complaint, and we’re also reviewing additional options to take further steps to prevent this type of filing to be continuously repeated,” Branham said.
The city says while this new lawsuit is being decided, they will continue with the demolition of the rest of the monument from Pack Square Park.
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