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

Summary

The Court held that the amended complaint did not establish standing because plaintiff alleged no ownership, contractual, statutory, constitutional, or other legally enforceable interest affected by the monument's removal. The Court also held that the trial court properly dismissed for lack of subject matter jurisdiction but erred by dismissing with prejudice, because a jurisdictional dismissal is not an adjudication on the merits. The case was remanded with instructions to dismiss without prejudice.