NEW ORLEANS -- Judge Kern Reese denies a request for a temporary restraining order to keep the Beauregard monument in place.

Richard Marksbury, a member of the Monumental Task Committee, said he filed a lawsuit in Orleans Parish Civil District Court seeking a temporary restraining order that would prevent the city from removing the statue.

MORE | City Park, not city of N.O. owns Beauregard statue, says task force

Marksbury said City Park was sold the land in 1900. Despite the fact the Beauregard monument is across the street from the park, Marksbury said that at the time of the sale, there was no street and the statue and the land were an extension of the park itself.

A hearing is tentatively scheduled for Wednesday May 10.

In addition, Lt. Gov. Billy Nungesser, a monuments supporter, sent a letter to the park's chairman of the board, asking that he protect the monument.

The city released a statement Monday afternoon. It says:

These matters have been litigated and decided both in State and Federal courts.  At this point, the Monumental Task Committee’s time would be better spent working to find a museum or private land where these statues can be displayed in context rather than continuing to fight a lost cause.”