Forsyth County judge to determine if Confederate monument case will be dismissed

WINSTON-SALEM, N.C. -- Defense attorneys tell FOX8 a decision on the Confederate monument case in Winston-Salem could come as early as next week.

On Tuesday, Forsyth County, the city of Winston-Salem and Winston Courthouse LLC (owners of former courthouse) made their arguments to have the United Daughters of the Confederacy case against them dismissed. They say the the United Daughters don't have a claim or standing.

Back in March, the city removed the Confederate monument from outside the former county courthouse. It is currently be housed in a temporary, secure location in Guilford County.

Last month, Sara Powell, the North Carolina division president of the United Daughters, said they would like it put back up.

"I was very sad that it was being removed,” Powell said. “It was just unfortunate.”

On Tuesday, the group's attorney said they are standing up to bullies.

They want the judge to determine who owns the statue, if it is protected by state law, and whether the city had the right to remove it without due process.

John Rogers is part of the "Hate out of Winston" group.

"We’re just following this case to make sure that the city hopefully prevails,” Rogers said.

Rogers was in the courtroom Tuesday and heard the arguments over things like who owns the statue and if it is private property.

"It seemed a bit convoluted to the bystander who is not a legal expert,” Rogers said.

The judge said he would not make any decision until a technical problem with how the plaintiff, the United Daughters , was identified in paperwork is resolved.

UDC has until Wednesday to turn in the necessary paperwork.

Winston Courthouse LLC then has until Friday to review it.

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