United Daughters of the Confederacy, N.C. Div. v. City of Winston-Salem

Summary

The Court held that the amended complaint did not allege infringement of a legal right sufficient to give the United Daughters of the Confederacy standing to challenge removal of the monument. The Court rejected the asserted ownership, taxpayer, associational, statutory, and federal-law bases for standing, but held that the trial court could not dismiss for failure to state a claim after determining that it lacked subject matter jurisdiction. The Court therefore affirmed in part, reversed in part, and remanded for dismissal without prejudice.