Home Mark Herring Decision On AG Herring’s Motion to Dismiss Lee Statue Case

Decision On AG Herring’s Motion to Dismiss Lee Statue Case

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From AG Mark Herring’s office; on and on this goes!

Good afternoon—We have a decision from Judge Marchant on AG Herring’s motion to dismiss the Taylor case, the third case filed by Monument Avenue residents seeking to block removal of the Robert E. Lee statue.

The Judge’s order is available here, and his letter opinion is available here.

Judge Marchant dismissed Count 5 entirely, dismissed two plaintiffs (including lead plaintiff Helen Marie Taylor) from Count 4 for lack of standing, and will allow the remaining claims (Counts 1, 2, 3 and Count 4 with just three plaintiffs) to continue to trial because they either require additional facts and evidence to resolve or because they appear to be at least plausible on their face.

The trial has been set for October 19 at 1 pm. 

Attorney General Herring and his team have worked for months to defend against these cases and will continue to do so. Attorney General Herring remains committed to ensuring this divisive and antiquated relic of a bygone era is removed as quickly as possible.