Current:Home > StocksOliver James Montgomery-Judge dismisses suit by Georgia slave descendants over technical errors. Lawyers vow to try again -MoneyBase
Oliver James Montgomery-Judge dismisses suit by Georgia slave descendants over technical errors. Lawyers vow to try again
Poinbank Exchange View
Date:2025-04-11 06:03:35
SAVANNAH,Oliver James Montgomery Ga. (AP) — A Georgia judge has thrown out a lawsuit accusing local officials of race discrimination when they approved zoning changes to one of the South’s last Gullah-Geechee communities of Black slave descendants.
Superior Court Judge Jay Stewart ruled the civil complaint had to be dismissed because of technical errors unrelated to the rights violations it alleged. His order allows the Southern Poverty Law Center to file a new version of the lawsuit on behalf of residents of the tiny island community of Hogg Hummock.
“Under Georgia law, we are permitted to refile within six months, and we plan to file an amended verified complaint,” Miriam Gutman, a lawyer for the residents, said in a statement Wednesday.
Residents and landowners sued in October after elected commissioners in coastal McIntosh County voted to weaken zoning restrictions that for decades helped protect their enclave of modest homes along dirt roads on largely unspoiled Sapelo Island.
The zoning changes doubled the size of houses allowed in Hogg Hummock. Residents say that will lead to property tax increases that they won’t be able to afford, possibly forcing them to sell land their families have held for generations. Their lawsuit asked a judge to declare that the new law discriminates “on the basis of race, and that it is therefore unconstitutional, null, and void.”
Stewart’s legal order Tuesday didn’t address the merits of the discrimination claims. Instead, he agreed with McIntosh County’s attorneys that the lawsuit clashed with a 2020 amendment to Georgia’s state constitution that weakened the broad immunity from lawsuits granted to the state and local governments.
While that amendment enabled citizens to sue Georgia governments for illegal acts, it also stated that such lawsuits could no longer list individual government officers as defendants.
The lawsuit filed on behalf of Hogg Hummock residents not only named McIntosh County as a defendant but also its five individual commissioners.
“While McIntosh County is pleased with the Judge’s ruling, we believe it appropriate to withhold further comment at this time,” Ken Jarrard, an attorney for county officials, said in an email.
The judge denied a request by the residents’ lawyers to amend their lawsuit by dropping the commissioners as defendants to avoid completely starting over. But he dismissed the case “without prejudice,” meaning attorneys will be allowed to file a new version naming only McIntosh County.
Hogg Hummock, also known as Hog Hammock, sits on less than a square mile (2.6 square kilometers) on Sapelo Island, about 60 miles (95 kilometers) south of Savannah. Reachable only by boat, the island is mostly owned by the state of Georgia.
About 30 to 50 Black residents still live in Hogg Hummock, founded by former slaves who had worked the island plantation of Thomas Spalding. Descendants of enslaved island populations in the South became known as Gullah, or Geechee in Georgia. Their long separation from the mainland meant they retained much of their African heritage.
The residents’ lawsuit accused McIntosh County of targeting a mostly poor, Black community to benefit wealthy, white land buyers and developers. It also said the county violated Georgia laws governing zoning procedures and public meetings as well as residents’ constitutional rights to due process and equal protection.
McIntosh County officials denied wrongdoing in a legal response filed in court. When commissioners approved the zoning changes for Sapelo Island in September, they insisted their intent wasn’t to harm Hogg Hummock or change its culture.
Outside of court, Hogg Hummock residents have been gathering petition signatures in hopes of forcing a special election that could give McIntosh County voters a chance to override the zoning changes.
veryGood! (54562)
Related
- Bodycam footage shows high
- Most memorable 'Hard Knocks' moments: From rants by Rex Ryan to intense J.J. Watt
- Colin Cowherd includes late Dwayne Haskins on list of QBs incapable of winning Super Bowls
- A former Fox executive now argues Murdoch is unfit to own TV stations
- Macy's says employee who allegedly hid $150 million in expenses had no major 'impact'
- Jay-Z’s Made In America fest canceled due to ‘severe circumstances outside of production control’
- What is the Mega Millions jackpot? How Tuesday's drawing ranks among largest prizes ever
- District attorney threatens to charge officials in California’s capital over homelessness response
- 2 killed, 3 injured in shooting at makeshift club in Houston
- Get early Labor Day savings by pre-ordering the Samsung Galaxy Tab S9 for up to $820 off
Ranking
- Travis Hunter, the 2
- A longshot Republican is entering the US Senate race in Wisconsin against Sen. Tammy Baldwin
- First base umpire Lew Williams has three calls overturned in Phillies-Nationals game
- In Mexico, accusations of ‘communism’ and ‘fascism’ mark school textbook debate
- Retirement planning: 3 crucial moves everyone should make before 2025
- Alex Cooper and Alix Earle Are Teaming Up for the Most Captivating Collab
- Man sought for Maryland shooting wounded by Marshals during Virginia arrest
- 'Justified: City Primeval': Cast, episode schedule, where to watch on TV, how to stream
Recommendation
Rams vs. 49ers highlights: LA wins rainy defensive struggle in key divisional game
Shipping company ordered to pay $2.25M after discharging oily bilge off Rhode Island
Detroit Lions signing former Pro Bowl QB Teddy Bridgewater
Fire at a Texas apartment complex causes hundreds of evacuations but no major injuries are reported
Trump's 'stop
Colin Cowherd includes late Dwayne Haskins on list of QBs incapable of winning Super Bowls
Wild mushrooms suspected of killing 3 who ate a family lunch together in Australia
MLB unveils 2023 postseason schedule, World Series begins Oct. 27