Madison County Confederate monument advocates tried to stop relocation just hours prior to the move

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HUNTSVILLE, Ala. – After a months-long controversy regarding the confederate statue outside the madison county courthouse, it finally has a new home at Maple Hill Cemetery.

But this comes after two organizations filed a temporary restraining order to stop the move, just hours prior to crews starting the relocation process.

According to court records, United Daughters of the Confederacy and Heritage protection of North Alabama filed the injunction Thursday at 8:39 p.m.

Records show Madison County Circuit Judge Donna Pate denied the motion by 9:22 p.m.

Crews began to move the statue shortly after midnight.

Ed Kennedy, who submitted an affidavit in support of the temporary restraining order, said he’s unhappy with Pate’s ruling.

“I can tell you we’re disappointed the judge upheld breaking the law,” he said. “But that’s as far as I can talk about it.”

Kennedy said he fears the statue being damaged in its new home. The retired army colonel said there should be steeper consequences.

“Well there’s a fine to pay, but the way I read the law they enumerate several circumstances where the $25,000 is imposed,” he said.

Since June the Madison County Commission has worked to remove the more than century-year-old statue legally to avoid a $25,000 fine.

The commission submitted an application for a waiver to remove the statue to the state monument protection committee. However, the committee did not give an answer within 90 days.

In a statement released shortly after the statue’s relocation began, Madison County Commissioner Jess Henry Malone issued a statement that said because response was not received within that time period, the move was legal.

Meanwhile, Alabama Attorney General Steve Marshall’s office said it is reviewing the removal to determine if the action is in violation of the Alabama Memorial Preservation Act.

Marshall’s office said it intends to pursue enforcement of the law.

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