Circuit Judge Richard Moore ruled in September that the monuments do not send a racially discriminatory message and issued a permanent injunction preventing their removal.

City attorneys had argued that the state code section prohibiting their removal violates the equal protection clause of the 14th Amendment of the U.S. Constitution by sending a racist message to residents of color in Charlottesville.

Councilors and city officials declined to comment, citing the pending litigation.

Because the lawsuit is a civil case, any appeal would go directly to the Supreme Court of Virginia, which would appoint a three-judge panel to review arguments.

That panel then would determine whether the case should be heard by the entire court.

If the state Supreme Court took up the case and ruled in favor of the city, any award of attorneys’ fees would be overturned. However, if the court rules against the city, the defendants likely could argue for more payment.

In 2017, Attorney General Mark Herring issued an opinion saying cities can remove or relocate Confederate monuments as long as there are no individual laws or restrictions governing those particular monuments.