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(Winchester Star) BERRYVILLE — An appeal of Clarke County Circuit Court’s decision to let the county take ownership of a Confederate monument near the courthouse is underway.
Glen Franklin Koontz, attorney for Turner Ashby Camp No. 1567 Sons of Confederate Veterans, filed an opening brief with the Virginia Court of Appeals on Friday. It asks the Appeals Court to reverse the Circuit Court’s Jan. 19 order denying the camp’s motion to intervene in the county’s effort to acquire the monument and the plot on which it sits outside the courthouse on North Church Street in downtown Berryville.
The brief also asks the Appeals Court to reverse the Circuit Court’s April 18 final order, based on a jury’s verdict earlier in the month, awarding the county ownership of both the monument and the plot. In addition, it asks the Appeals Court to remand the civil action back to Circuit Court with instructions to conduct further proceedings, with the camp being allowed to participate as a party defendant/counter-claimant.
Monday afternoon, Koontz told The Winchester Star he believes "the Circuit Court erred in not allowing Turner Ashby to intervene and present its claims in the civil action" that the county filed to obtain ownership of the monument.
The granite monument, titled "Appomattox," features a downcast Confederate soldier and the names of Confederate soldiers from Clarke County killed in the Civil War. It was erected in 1900…Read the rest
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