Richmond City Circuit Court Judge W. Reilly Marchant found the 130-year-old restrictive covenant which deeded the statue and the land underneath it to Virginia is no longer valid due to changes in public policy. Rich Schragger, the Perre Bowen Professor at the University of Virginia School of Law, said the inclusion of both arguments for public policy reasons is important, but the deference given to the legislature is what will help the state if and when the decision is appealed to the Supreme Court of Virginia.