Inweekly has reviewed attorney David Rhodes McCallister’s lawsuit on the behalf of the Ladies Memorial Association, Randall Crooke – a representative of the Stephen Russell Mallory Camp 1315, Sons of Confederate Veterans, Save Southern Heritage, Inc, – Florida Chapter, and Veterans Monuments of America, Inc.
He lists nine counts:
- City’s violation of its historic preservation land use plan — based on his assertion the monument is in the North Hill Preservation District.
- City’s violation of its Architectural Review Procedure – demolition constitutes “an irreplaceable loss to the quality and character of the District.”
- City’s violation of Florida statute about injuring or removing a tomb or monument – “disturbing Lee Park’s empty tomb Cenotaph and possible human remains is a violation of F.S. Title XLVI Chp. 852.02.”
- City’s violation of F.S. 276.031 (5)(h) – not adhering to review and procedures before removing a “historic structure from a National Register Historic Preservation District.”
- City breach of bailment agreement – when city approved request for monument there was a “public trust with an expectation of permanency was created.”
- City’s violation of agreements to preserve historic resources – the removal strips the “North Hill Preservation District of a significant historic resource without any of the required consultations with its partners.”
- City’s violation of Florida and U.S. Constitution Rights – the monument is a freedom of speech; lack of due process on its removal; and violation of equal protect rights under 14th Amendment.
- State violation of FS 276.031 – State of Florida violated “its duty to protect and preserve the North Hill Preservation District.”
- State violation of agreements to preserve historic resource – removal “endangers the continuation of the District itself” and could trigger loss of state and federal preservation funds.
The Plaintiffs want:
- A declaratory judgment that relocation without attestions for ARB, Secretary of State and U.S. Dept. of Interior was improper.
- Temporary injunction preventing relocation without a feasibility study that monument’s structure won’t be compromise or lose its historical value.
- Permit friends of the City to obtain expert opinions on feasibility of relocation.
- Keep temporary injunction in place until the court is satisfied with the relocation plan.
- Don’t require a bond for injunctive relief.
- Order state to comply with federal historic preservation laws, policies and regulations.