Alabama Attorney General Steve Marshall is seeking an immediate victory in his lawsuit against the removal of a Confederate monument in Huntsville.
In a court document filed Wednesday, Marshall moves for a summary judgement in the case against Madison County and the Madison County Commission.
He says the county violated the state’s Memorial Preservation Act when the monument was removed from outside the Madison County Courthouse in Huntsville and transferred to Maple Hill Cemetery. That’s where Confederate soldiers are buried.
The monument was moved in October 2020. Marshall filed suit in November.
When the monument was relocated, the Madison County Commission argued that because its petition to move the monument didn't receive a hearing for more than 90 days, that opened up a path to legally relocate it.
In this new motion, Marshall states “there is no genuine issue of material fact” for the defense through any kind of loophole in the Act, and he deserves a ruling now since the county didn’t get a waiver allowing the move.
“In the end, no attempt to be clever can change the fact that Defendants violated the Act and now must pay a $25,000 fine,” the motion states.
Read more about the lawsuit HERE