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Plan to Establish Anti-War Memorial Shelved

May 8, 1986

PHOENIX, Ariz. (AP) _ A man who proposed to raise a Vietnamese flag at an anti-war memorial he wanted to build gave up the idea two days before he was to go to court to defend his plans for a ″Vietnam Victory Memorial.″

Terry Choate had planned to break ground for the memorial west of the city last week, but was stopped by a lawsuit claiming the memorial would violate deed restrictions.

Judge Rudolph J. Gerber of Maricopa County Superior Court issued a temporary restraining order. A hearing was scheduled for Friday.

Sen. Dennis DeConcini, D-Ariz., and Maricopa County Supervisor Carole Carpenter had filed a legal brief supporting the suit and calling Choate’s proposal to fly the Vietnamese flag an insult to U.S. veterans.

The memorial would honor four Kent State University students killed by Ohio National Guard troops on May 4, 1970, and two people who died 11 days later in Jackson, Miss., in rioting during an anti-war protest, Choate has said.

Choate said he scrapped his plans because his attorney felt the courts would uphold the deed restrictions. The attorney, Roger A. McKee, refused to discuss the case.

″I sure don’t plan any victory celebrations, but I am personally relieved, and I hope this is the end of it,″ said Richard L. Countryman, director of veteran affairs for the Arizona Veterans Service Commission.

The memorial was to have been located off Interstate 10 near the Arizona State Prison Complex-Perryville.

Choate vowed to buy another piece of property and go ahead with the memorial. ″We’ll have the memorial, but we haven’t decided about the flag,″ he said.

The suit against Choate was filed by J.L. and Delores C. Golightly and Carolyn Ackel, who live in the Quintana Estates subdivision. It contended that a structure, including a flagpole or monument, could not be erected without permission of a property owners’ group.

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