Confederate Monument in Fairview Cemetery Revestment and Relocation Information

NEW HEARING SCHEDULED:
Upcoming hearing/trial will be August 13, 2026 at 9:00 a.m.  
Judge David Chamberlain will be presiding. 
Clay County Courthouse
Notice of Hearing Filed.
Notice of Hearing; Electronic Filing Certificate of Service:
Filed By Mark Edward Kelley
On Behalf Of: The Mayor, Councilmen & Citizens of Liberty, Missouri

Status of the City of Liberty’s petition to take back (revest) the part of Block 174 (lots 3, 4 and 5 of row 5) in Fairview Cemetery where the Confederate monument sits.

 

Updated 5/1/25 - The fate of the Confederate Monument in the Fairview Cemetery in Liberty, Missouri is in the hands of the Clay County Circuit Court Judge. The start date for a two-date jury trial is scheduled for Monday, February 2, 2026 in Division 4.

 

Update 8/8/24 - A hearing to consider requests for summary judgment was held on August 2. The judge heard arguments and set a follow-up hearing for October 4. The trial is still scheduled for December.

  • Motion Hearing for Partial Summary
  • Judgement Thursday, July 25, 2024 at 9 A.M.
  • Judge/Commissioner: David Paul Chamberlain
  • Location: Clay County Courthouse –  Division 4 Courtroom
  • 11  South Water Street, Liberty MO

 

Pretrial Conference

  • Friday, November 15, 2024 at 9 A.M.
  • Judge/Commissioner: David Paul Chamberlain
  • Location: Clay County Courthouse – Division 4 Courtroom
  • 11  South Water Street, Liberty MO

 

Jury Trial

  • Monday, December 16, 2024 at 9 A.M.
  • Judge/Commissioner: David Paul Chamberlain
  • Location: Clay County Courthouse – Division 4 Courtroom
  • 11  South Water Street, Liberty MO

The City of Liberty (City) is the plaintiff, and the Sons of Confederate Veterans (SCV) is the defendant.

  • SCV – The claim is that there are people buried within two feet in those three plots, and they own the property.
  • City – The city claims that the three plots (not all of block 174) should be revested to the city because there is no person buried in those plots, and SCV cannot prove ownership of those three plots. Thus, the plots are abandoned.
  • SCV – The claim is that ground-penetrating radar indicates that there are burials within two feet of the three plots in question.
  • City – The city claims that the radar has only demonstrated anomalies in the ground. The city further claims that SCV has presented two radar studies that don’t agree with each other and that those studies also don’t agree with the city’s burial records for block 174.
  • SCV – The claim is that Camp Thomas McCarty, an affiliate of the United Confederate Veterans (UCV), bought block 174 in 1900 and gave it to UCV. Camp Thomas McCarty disbanded in 1913. They further argue that UCV gave the property to SCV when UCV disbanded in 1952.
  • City – The city’s claim is that these transactions are not documented and, therefore, did not happen.

CC4I is not a party to the petition. We, as an organization, are only an interested party with no input regarding the trial or any decisions.

If the city wins the petition, there will be a full decision-making process to decide what to do with the monument. If SCV wins, the city will not appeal.

Unrelated to the legal question is the moral issue of whether the monument should remain.

CC4I states that such monuments, including this one, were erected to intimidate African Americans and are highly offensive on grounds of humanity, compassion and kindness. The Confederate States of America clearly stated – and published – their goal to keep slavery in this country and expand it westward as the country grew. This monument in Fairview Cemetery is a symbol of white supremacy and racism and should be relocated.

  • SCV states that the monument is simply a grave marker and because it is on private property owned by them, there is nothing anyone can do about it.
  • CC4I states that it was built by the Confederate Monument Committee of Liberty in 1904, not a grave marker committee. In addition, not a single person buried in Fairview was mentioned on the monument until November 1, 2020 when the SCV added a plaque of names.
  • SCV states that Confederate veterans deserve to be remembered.
  • CC4I states that Confederate soldiers fought against this country, not for it, and therefore should not be honored as veterans. They are not United States veterans, and, in fact, they are not mentioned on the memorial to all U.S. veterans that is located in the cemetery. Headstones or grave markers should be placed for those with family members where a burial is proven, just as it is for anyone. Again, the Confederate monument, however, is neither of those.
  • SCV states that graves will be disturbed.
  • CC4I has repeatedly and publicly stated that only the monument (the statue and the obelisk) should be removed. The base in contention should remain as a base, as in and of itself, it does not symbolize anything. The monument should remain intact as well – simply relocated to a site not on city property.