Judge denies motion to dismiss lawsuit over Confederate flag in Louisa County
A judge is denying a motion by Louisa County to dismiss a lawsuit in connection with a giant Confederate flag.
The 30-by-50 foot flag has flown high on private property in the county, and can be seen from Interstate 64.
Louisa County has argued that the 120-foot flag pole violates a zoning ordinance.
The Virginia Flaggers, who put up the pole and are plaintiffs in the lawsuit, claim the flag is a Civil War monument and that the ordinance does not apply.
The pro-Confederate group raised this particular flag back in March 2018 in response to Charlottesville City Council approving to move a statue of General Robert E. Lee out of a city park.
The lawsuit was filed back on August 17, 2018.
A hearing in Louisa Circuit Court is currently set for August 21.
The fate of a Confederate flag that flies near Interstate 64 in Louisa County may be decided in court later this year.
The Virginia Flaggers installed the 30 by 50 foot Confederate battle flag on a 120-foot pole
in honor of Confederate soldiers.
However, county leaders say the flag pole is too tall and violated the county's zoning ordinance, which outlines that permitted buildings and structures are allowed a 60-foot maximum for height unless a zoning appeal or building permit is approved, which was not the case for the large flag.
The county first sent out a violation notice telling the Flaggers to reduce the flagpole's height, apply for a special exception with the board of supervisors, or remove it, but they instead refused and sued the county, arguing the pole should be considered a war monument because it is part of a Confederate soldier's grave site.
The case was last in court
when the Virginia Flaggers appealed a Louisa County Board of Zoning Appeals decision denying a request to consider the flag a monument that should be left as is.
On Monday, the Louisa County Circuit Court set a new hearing date for Dec. 4 in the case.
The court will have two rulings to consider: First, whether the flagpole is a monument, then on the constitutionality of the county's zoning ordinance.