Herring files motion to dissolve injunction preventing removal of Lee statue
Attorney General Mark Herring has asked the Virginia Supreme Court to dissolve the injunction preventing the Commonwealth from removing the Robert E. Lee statue from Monument Avenue in Richmond.
Herring has also filed a motion to expedite proceedings should SCOVA choose to take up the appeal.
Richmond Circuit Court Judge W. Reilly Marchant on Oct. 29 restored an injunction preventing Virginia from removing the statue.
In the motion to vacate the injunction pending appeal, Herring argues that Virginia Supreme Court should dissolve the injunction because “the circuit court failed entirely to consider the traditional factors necessary to determine whether plaintiffs were entitled to the ‘extraordinary remedy’ of an injunction … a failure exacerbated by the fact that the relevant factors weigh heavily against granting one … [and] the court misread various statutory provisions by purporting to ‘waive’ the requirement of an injunction bond.”
In the alternative, Herring argues that the high court “should expedite consideration of this matter” because the appeals process could take at least a year or more and the plaintiffs will most likely “use all of their available time…[and] [t]hat is simply too long to wait for a resolution of this critical issue.”