“Without the illegal decision of the Landmark Commission, that statue would have never been removed, so now it should go back,” Attorney Steve Porter said. 

“The decision-making participation in this matter by Louisville Metro employees is an inherent and intolerable conflict of interest.

The thrust of the case is not whether the statue of Castleman riding a horse, dressed in civilian clothes served as a symbol of "racist or bigoted ideology,” as former Mayor Greg Fischer has said, but whether the city followed due process in removing it.

The monument in the Highlands was the center of controversy for years because its critics argue that Castleman is closely associated with the Confederacy and white supremacy.