Georgia Supreme Court Supports Historic Black Community in Zoning Dispute
In a significant legal decision, Georgia’s Supreme Court has ruled in favor of Black landowners from one of the South’s last Gullah-Geechee communities, overturning recent zoning changes that threatened the area’s historic protections. The state’s highest court unanimously reversed a prior decision that had hindered a referendum to repeal a new zoning ordinance in McIntosh County.
The community of Hogg Hummock on Sapelo Island, which was established by freed slaves, has opposed amendments that would double the permissible size of homes in the area. Local residents worry these changes could lead to increased property taxes, making the area unaffordable. Last year, over 2,300 registered voters signed a petition for a referendum to contest these changes in the coastal county, located 60 miles south of Savannah.
The new Nathan Deal Judicial Center was dedicated to the former governor that bears it’s name, Feb. 11, 2020, in Atlanta. (AP Photo/John Amis, file)
The Supreme Court’s decision overruled a previous judgment that had declared the referendum illegal and stopped it just days before it was to take place. By then, many voters had already participated in early voting.
Justice John Ellington stated in the court’s opinion, “Nothing in the text of the Zoning Provision in any way restricts a county electorate’s authority to seek repeal of a zoning ordinance.” This underlines that the Georgia Constitution’s Home Rule Provision supports the residents’ right to a referendum.
Jazz Watts, a resident of Hogg Hummock who spearheaded the referendum initiative, expressed, “We feel vindicated. The election should not have been stopped. It was stopping the voice of the people.”
Attorney Dana Braun, representing the residents, believes this verdict will enable the local population to have a substantial say in the zoning decision. Meanwhile, McIntosh County attorney Ken Jarrard revealed the county’s disappointment with the outcome but acknowledged the court’s decision.
Philip Thompson, another attorney for the residents, highlighted the community’s constitutional right to protect their historical and cultural heritage through a referendum. Hogg Hummock, with 30 to 50 Black residents, is one of the few surviving Gullah communities along the southeastern U.S. coast.
J.J. Wilson, 9, rides a school bus to catch a ferry to the his school on the mainland from his home in the Hog Hammock community of Sapelo Island, Ga., on Wednesday, May 15, 2013. (AP Photo/David Goldman, File)
These communities, remnants of post-emancipation settlements, are known for preserving African cultural traditions and dialects. Hogg Hummock is listed on the National Register of Historic Places, affirming its historical significance. While the Supreme Court did not directly address the community’s need for protections, it clarified the legalities surrounding the right to challenge local zoning statutes.
