City of Alexandria, Louisiana PETITIONER Number AVE 3Up2. pivision A 9th JUDICIAL DISTRICT VERSUS PARISH OF RAPIDES United Daughters of the STATE OF LOUISIANA ‘Confederacy Thomas Overton Moore Chapter # 640 Rapides Parish Police Jury FENDANT FISHES SID SSIES ari ASSIS A IOGEAR PEXITION FOR DECLARATORY JUDGMENT LEHI HISD Ian EGER ik ari ig io iI SIS Io TOSSES Ha SOAS The petition of the City of Alexandria, Louisiana (The “City”), a home rule charter municipality and political subdivision of the State of Louisiana, domiciled in Rapides Parish, appearing through undersigned counsel, The City Attomey, respectfully represents: 1 Made defendants herein are: A. The UNITED DAUGHTERS OF THE CONFEDERACY, THOMAS OVERTON MOORE CHAPTER #640 (hereinafter referred to as “UDC”), an entity believed to be an unincorporated association and domiciled in Rapides Parish, Louisiana, with the procedural capacity to be and which may be served through Carolyn Ann Cleveland, President of the United Daughters of the Confederacy, Thomas Overton Moore Chapter #640, at 507 Meadowlark Drive, Alexandria, Louisiana 71303; and B. The RAPIDES PARISH POLICE JURY, a governmental entity and political subdivision of the state of Louisiana, and which may be served through its President, Mr. Craig Smith, at 701 Murray Street, Third Floor, Police Jury Office, Alexandria, Louisiana, 71301. 2 The Petitioner avers, stipulates and judicially admits it is seeking a determination of its legal rights under the Laws of the State of Louisiana. 3. The Petitioner is only pursuing this matter pursuant to the laws of the state of Louisiana, 4. The Petitioner is not alleging, articulating and/or claiming a cause of action or claim under the laws of the United States of America.5. ‘The Petitioner's claim is not predicated on the existence of a cause of action created by federal law, and (2) the Petitioner's claim does not depend on the construction or application of the United States Constitution or federal law. 6. The Petitioner's cause of action and claim does not arise under federal law. 1 The City files this petition in this Honorable Ninth Judicial District Court seeking a judginent declaring the City as the legal owner of the Confederate Monument and Statue including the pedestal, plaque and statue (the “Confederate Statue”), and granting all rights arising from and related thereto, which was donated to the City in 1914 by the UDC and which Confederate Statue is currently tocated on the lawn of the Rapides Parish Courthouse which is ‘owned by the Rapides Parish Police Jury. 8. Historically, over the last 196 years the UDC has not exercised any form of ownership, possession, or maintenance rights over the Confederate Statue which was presented and legally donated to the City of Alexandria in 1914. 9. The City originally installed the Confederate Statue on the grass lawn at the old ‘Alexandria City Hall located on Third Steet in Alexandria, Louisiana, where it remained for 48 years until 1962 when the old City Hall was demolished to allow for the construction of the new and current City Hall building and Convention Hall at which time the Confederate Statue was moved and permanently relocated to its current situs at the Rapides P: Courthouse located at 700 Murray Street in Alexandria, Louisiana. 10. Historical records available show that in July 1962 the City requested permission from. the Rapides Parish Police Jury to relocate the Confederate Statue to the lawn of the Rapides Parish Courthouse to prevent damaging the Confederate Statue dusing the construction of the new and current Alexandria City Hall and Convention Center, and the City shows that the Rapides Parish Police Jury agreed and consented to relocating the Confederate Statue to the front lawn of Rapides Parish Courthouse, which relocation was paid for by the City,I. ‘The City maintains it is sole legal owner of the Confederate Statue and that the relocation of the Confederate Statue to the Rapides Parish Courthouse did not forfeit or transfer the City’s legal ownership rights to the Rapides Parish Police Jury, which is further supported from documents obtained through a 2017 public records request by the City to the Rapides Parish Police Jury, which the Rapides Parish Police Jury acknowledged it could not locate any evidence indicating that the City had transferred legal ownership and/or any rights in the Confederate Statue to the Rapides Parish Police Jury. 12. Louisiana Civil Code Art. 493, generally provides that buildings and other constructions permanently attached to the ground and made on the land of another with his consent belong to ‘him who made them (ie. the City), unless he does not remove them within ninety (90) days after vwritten demand from the owner of the property at which time the land owner may appropriate the improvement as his own, and the City further shows that the Rapides Parish Police Jury has never formally requested the City 10 remove the Confederate Statue from their property (please see Town of Arcadia v. Arcadia Chamber of Commerce and Bienville Parish Police Jury, 195 $0.3d 23 (La, App. 2 Cir. (2016) where the 2d Circuit court held in pertinent part: “Buildings and other constructions permanently attached to the ground of another with his consent belong to him who made them.” 13. The court went held the Town of Arcadia had no ownership rights in a set of granite veterans panels simply because the panels had been placed on Town of Arcadia property for a period of time, as such, the City submits that the relocation of the Confederate Statue to the Rapides Parish Courthouse to accommodate construction of the new and current City Hall and Convention Center did not alter or change the City’s legal ownership status or rights of Confederate Statue. 14, The City asserts that it became, and continues to be, the legal owner of the Confederate Statue since accepting the donation by the UDC in 1914, and the City maintains it has exercised continuous and uninterrupted ownership over the Confederate Statue for over 48 years until it became necessary to relocate Confederate Statue to allow for the construction of the new and current City Hall and Convention Center and the City further shows that for 106 years UDC hasnot exercised any form of ownership rights or possession nor paid for any maintenance and upkeep related to the statue or pedestal or cofumn. 14. La. CCP, Art, 1871, et seq., addresses declaratory judgment and provides: Courts of record within their respective jurisdictions may declare rights, status, and other legal relations whether or not further relief is or could be cfaimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for; and_the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it js appropriate. The declaration shall have the force and effect of a final judgment or decree. (emphasis added) 15. As such, the City petitions this Honorable Court for a judgment declaring the City as the sole Tegal owner of the Confederate Statue located on the front lawn of the Rapides Parish Courthouse at 701 Murray Street, with all related legal rights resulting from ownership that attach and/or arise under Louisiana law, 16. Furthermore, the City petitions this Honorable Court seeking an order granting the City, as owner, the authority to relocate the Confederate Statue, if the City should choose to do so, to another appropriate historical site, coordinating same with the Rapides Parish Police Jury so as to not interrupt official courthouse operations and to prevent damages to Parish courthouse and lawn or pavement areas, 17. The Parish of Rapides, Louisiana, through its governing authority the Rapides Parish Police Jury, is hereby being served with a copy of this petition simply as notice of these proceedings to the land owner of the site where the Confederate statue and pedestal and column owned by the City is presently located. 18. The Petitioner avers all allegations contained within this Petition are alleged in the alternative where one might be inconsistent with another.Wherefore, petitioner, the City of Alexandria prays: PLEASE SERVE, 1) That this petition be properly served along with citation, upon the defendant, United Daughters of the Confederacy, Thomas Overton Moore Chapter #640; 2) That after due proceedings had, and legal delays elapsed, there be a declaratory judgment rendered in favor of the petitioner City of Alexandria, declaring the City of ‘Alexandria to the legal owner of the Confederate statue and pedestal and column currently located on the front lawn of the Parish Courthouse at 701 Murray Street, with all related legal rights resulting from ownership under Louisiana law: 3) That after rendering a declaratory judgment declaring that the City of Alexandria is the legal owner of the Confederate statue and pedestal and column, that this honorable court order that the City as legal owner has the authority to relocate said statue and pedestal and column, if the City should choose to do so, to another appropriate historical or otherwise site, working ‘with the Parish of Rapides for said relocation as to notice, scheduling, cooperation, and the site for the relocation; and 4) For all other equitable and just relief Respectfully Submitted, City of Alexandria, Louisiana Office of the City Attorney 915 Third S Alexandria, Po 318y449-5015 8 & x aoa » SF & s Alexandria, Louisiana ZR Bar Roll #32, or eo 1s 1) United Daughters of the Confederacy, Thomas Overton Moore Chapter #640 Carolyn Ann Cleveland President of United Daughters of the Confederacy, Thomas Overton Moore, Chapter 640 507 Meadowlark Drive Alexandria, Louisiana 71303 2) Parish of Rapides, Louisiana ‘Through its governing authority The Rapides Parish Police Jury Hon, Craig Smith, President Rapides Parish Courthouse 701 Murray Street Suite 201 Alexandria, Louisiana YaLG0H "7 NIS0Y TSOUOIIN FOF