Sons Of Confederate Veterans, Nathan Bedford Forrest Camp #215 v. City of Memphis, ET Al.

Sons Of Confederate Veterans, Nathan Bedford Forrest Camp #215 v. City of Memphis, ET Al.
M2018-01096-COA-R3-CV

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.

Authoring Judge: 
Presiding Judge Frank G. Clement, Jr.
Originating Judge: 
Chancellor Ellen H. Lyle
Date Filed: 
Tuesday, June 4, 2019