Appeals Court Reverses dismissal of earlier Chancery Court ruling
The N. B. Forrest Camp 215 Sons of Confederate Veterans is pleased to forward the announcement that the Tennessee Court of Appeals on Friday reversed Shelby County Chancery Court's dismissal of the lawsuit against the city arising from City Council's 2013 decision and illegal actions to change the names of three city parks: Forrest Park, Confederate Park and Jefferson Davis Park.
In a unanimous ruling the Appeals Court stated that "On appeal, we hold that the allegations of the complaint are sufficient to establish standing as to one of the organizations, Sons of Confederate Veterans Nathan Bedford Forrest Camp #215. We therefore reverse the trial court's dismissal as to that organization."
Doug Jones, Nashville attorney representing the SCV, issued a statement on behalf of his clients saying SCV Camp 215 is "pleased" with the ruling. "SCV Camp #215 alleged the City's resolutions, which attempted to change the names of the three Civil War Parks, were illegal and without statutory authority.
"The Court, in its opinion, specifically noted that the City of Memphis encouraged the SCV to erect a new marker at Forrest Park. The SCV wants to preserve the rich history Memphis. It is truly American history and as such, should be available to all the citizens and tourists who visit the City of Memphis," Jones said.
Lee Millar, spokesman for the area Sons of Confederate Veterans stated, "For over 125 years our organizations have taken a very active part in the maintenance, enhancement and promotion of these three historic parks and we have a special interest in seeing them maintained in their historic character and identification. It is fitting that the Appeals Court recognized this and that the wrongful renaming of these parks can be rectified. We will continue to press the issue until the rightful historic names of these parks are returned."
The ruling sends the case back to Chancery Court for a full hearing.
In a unanimous ruling the Appeals Court stated that "On appeal, we hold that the allegations of the complaint are sufficient to establish standing as to one of the organizations, Sons of Confederate Veterans Nathan Bedford Forrest Camp #215. We therefore reverse the trial court's dismissal as to that organization."
Doug Jones, Nashville attorney representing the SCV, issued a statement on behalf of his clients saying SCV Camp 215 is "pleased" with the ruling. "SCV Camp #215 alleged the City's resolutions, which attempted to change the names of the three Civil War Parks, were illegal and without statutory authority.
"The Court, in its opinion, specifically noted that the City of Memphis encouraged the SCV to erect a new marker at Forrest Park. The SCV wants to preserve the rich history Memphis. It is truly American history and as such, should be available to all the citizens and tourists who visit the City of Memphis," Jones said.
Lee Millar, spokesman for the area Sons of Confederate Veterans stated, "For over 125 years our organizations have taken a very active part in the maintenance, enhancement and promotion of these three historic parks and we have a special interest in seeing them maintained in their historic character and identification. It is fitting that the Appeals Court recognized this and that the wrongful renaming of these parks can be rectified. We will continue to press the issue until the rightful historic names of these parks are returned."
The ruling sends the case back to Chancery Court for a full hearing.
posted by Chuck Demastus at
8:31 AM
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