ASHEVILLE, N.C. (828newsNOW) —

Even though a new lawsuit is looming, the City of Asheville is not wasting any time before beginning the last phase of removing the base of the former Vance Monument from Pack Square Plaza.

The city announced Monday that a contractor already was beginning to stage equipment and would begin removal work on Tuesday, May 14.

Political and legal wrangling over the Vance Monument goes back to the summer of 2020, when what then was a towering obelisk became a focal point for Black Lives Matter protests due to former Gov. Zebulon Vance’s connections to slavery.

The City Council decided to remove the monument and transform the area with a reimagined plaza.

PRESERVATION GROUP SUES AGAIN OVER VANCE MONUMENT

A group called the Society of Historical Preservation of the 26th North Carolina Troops sued, claiming a breach of contract over a $138,447.38 payment it made to repair the monument. After upper portions of the monument already were removed, the society won a temporary reprive that halted the final removal of the monument’s base.

In March, North Carolina’s Supreme Court issued a complicated decision that upheld dismissal of the society’s claims for a temporary restraining order and preliminary injunction blocking the removal, although it also reversed a Court of Appeals determination that the society’s breach of contract claim should be dismissed for lack of standing.

Earlier this month, the society filed a new lawsuit that again seeks to block removal of the monument, and it is just beginning to work its way through court.

Lawsuit over Vance Monument filed May 6, 2024.

But in the meantime, the city is pressing ahead with the last phase of removing the base.

An Asheville spokesperson said via email on Monday, “A second lawsuit has been filed, and this suit includes a request to halt the demolition work. However, the City intends to contest this request, and will continue with the process to implement the Pack Square Vision until or unless another court ruling dictates otherwise.”

As City Attorney Brad Branham stated in a written release.

“The City maintains its position that the North Carolina Supreme Court upheld the City’s right to remove the monument by way of its March 22, 2024, unanimous decision rejecting the plaintiff’s appeal,” Branham said. “That decision cleared a path for the City and community to move forward with a new vision for Pack Square.”

“Our intention is to continue the process to implement that vision until or unless another court ruling dictates otherwise,” Branham said.

As Assistant City Attorney Eric Edgerton stated in a staff report April 23, 2024, in addition to removing the monument “the material is to be altered in some way that would make it impossible for the monument to be reassembled from the original material.”

A press release on Monday informed the public that North Pack Square will be closed to vehicle traffic throughout the removal process, which is expected to start this week and take two months. South Pack Square will remain open, including parking and loading spaces, except when it needs to be closed for special events.