ORANGEBURG, S.C. (AP) – The owner of an ice cream shop next to a Confederate flag display plans to appeal a South Carolina city’s order preventing him from removing the memorial.

The Times and Democrat of Orangeburg reports the owner of Edisto River Creamery is appealing Orangeburg’s order that he stop work on property that he says he owns in front of his restaurant.

Tommy Daras obtained a permit in September and planned to dig up a marker and remove the Confederate flag at his business, replacing it with a 2-foot (0.6-meter)-high, 25-foot (8-meter) long wall.

The Sons of Confederate Veterans says it owns the 130 square feet (12 square meters) where the flag flies, marking a Civil War skirmish in 1865.

Daras says his customers incorrectly think he supports the Confederacy.