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Lost Cause Loses Again

By Michael Frisch

The Tennessee Court of Appeals affirmed the denial of relief to a camp of the Sons of Confederate Veterans

This is an action for injunctive relief filed by a historical-preservation society against the City of Memphis and a nonprofit corporation. Prior to filing its complaint, the society filed a petition for declaratory relief with the Tennessee Historical Commission that sought a declaration on the applicability of the Tennessee Heritage Protection Act of 2016 (“THPA”) to two parks and related monuments conveyed by the City to the nonprofit. In the present action, the historical-preservation society requested a temporary injunction under the THPA to preserve the parks and monuments pending the Commission’s final order. The trial court found the society could not prevail on the merits of its claim because the parks and monuments were no longer public property and, thus, were no longer subject to the THPA. Having determined that the historical preservation society failed to assert a viable cause of action under the THPA, we affirm.

At issue

This is the second lawsuit filed by the Sons of Confederate Veterans Nathan Bedford Forrest Camp #215 (“SCV”) against the City of Memphis (“the City”). In the first action, SCV challenged the procedure by which the City renamed three parks that were named or dedicated in honor of those who fought for the Confederate States of America during the American Civil War.Hayes v. City of Memphis, No. W2014-01962- COA-R3-CV, 2015 WL 5000729, at *2 (Tenn. Ct. App. Aug. 21, 2015). The City changed the name of Nathan Bedford Forrest Park to “Health Sciences Park”; Confederate Park to “Memphis Park”; and Jefferson Davis Park to “Mississippi River Park.” Id. The trial court initially dismissed the action after finding that SCV lacked standing. Id. at *5. We reversed the dismissal on appeal, finding that SCV’s collaboration with the City to install a name marker in Forrest Park gave it standing to challenge the resolution as a whole. Id. at *11–12. After remand, the trial court found the City acted within its authority when it passed the resolution and granted summary judgment in favor of the City. Sons of Confederate Veterans Nathan Bedford Forrest Camp #215 v. City of
Memphis, No. W2017-00665-COA-R3-CV, 2017 WL 4842336, at *3 (Tenn. Ct. App. Oct. 24, 2017). We affirmed the judgment on appeal. Id. at *13.

…Having found SCV failed to show the THPA entitled it to an injunction pending the Commission’s final order on its Petition for Declaratory Order, we affirm the trial court’s judgment and dissolve the trial court’s stay of its decision pending this appeal.

(Mike Frisch)