Georgia’s Supreme Court Sides with Black Landowners Over Zoning Changes

In a significant legal development, the Georgia Supreme Court recently ruled in favor of Black landowners, reinstating their rights to a referendum concerning zoning changes that could threaten the historic integrity of Hogg Hummock, a Gullah-Geechee community on Sapelo Island. This ruling marks a crucial moment for residents concerned about the future of their culturally rich enclave, founded by liberated slaves.

Background on Hogg Hummock and Gullah-Geechee Heritage

Hogg Hummock, located on Sapelo Island, is one of the last remnants of Gullah-Geechee communities, which are scattered along the southeastern coast of the United States. These communities have preserved unique aspects of African heritage, from dialects to traditional crafts. Established by enslaved individuals who worked on the plantation of Thomas Spalding, Hogg Hummock has a small population of around 30 to 50 residents, making it not only a symbol of resilience but also a cultural treasure.

In 1996, it achieved recognition on the National Register of Historic Places, affirming its significance as a historical site. The community relies on local government protections to preserve its cultural and historical integrity, especially given the demographic landscape of McIntosh County, where a majority of the residents are white.

Zoning Changes and Community Concerns

Recent amendments to local zoning regulations, passed by McIntosh County officials two years ago, doubled the size of homes allowed in Hogg Hummock. Many homeowners in the community feared that these changes would lead to rising property taxes, potentially making it unaffordable for long-term residents to stay. The community’s apprehension stems from a broader concern about gentrification and the erosion of their cultural heritage.

Last year, a coalition of residents and advocates rallied together, gathering over 2,300 signatures from registered voters in pursuit of a referendum. The aim was to allow the community a voice in deciding whether to repeal the contentious zoning amendments.

Legal Battles and Supreme Court Ruling

In an unusual twist, McIntosh County commissioners intervened, suing to halt the proposed referendum. They argued that zoning powers were not subject to public referendum under the Georgia Constitution. Initially, a lower court sided with the commissioners, ruling that the referendum would be illegal and halting the vote just days before Election Day—an unfortunate twist for many who had already cast early ballots.

However, the Georgia Supreme Court unanimously overturned this decision. Justice John Ellington’s opinion articulated that the lower court had misconstrued the Zoning Provision of the state constitution. He emphasized that there was nothing in the law prohibiting the electorate from challenging a zoning ordinance through a referendum.

Voices of the Community

Jazz Watts, a Hogg Hummock homeowner who played an integral role in organizing the referendum, expressed a sense of vindication following the Supreme Court’s ruling. “The election should not have been stopped. It was stopping the voice of the people,” he remarked, reflecting the community’s desire for autonomy and recognition of their historical significance.

Local attorney Dana Braun, representing Hogg Hummock residents, echoed this sentiment, suggesting that the ruling would pave the way for residents to actively participate in decisions that affect their community’s future.

Conversely, McIntosh County’s attorney, Ken Jarrard, expressed disappointment over the ruling but maintained respect for the court’s decision. He had argued that the powers relating to zoning should be fundamentally different from other county government powers.

Looking Ahead: The Path for Future Referendums

As residents await the scheduling of a new referendum, there is a sense of hope and determination among the people of Hogg Hummock. The ruling serves as a reminder not only of their right to self-determination but also of the importance of preserving a way of life that is steeped in history and cultural significance.

Philip Thompson, another attorney representing the residents, highlighted the importance of this legal battle, stating that it is fundamentally about defending a unique cultural heritage. The court’s resolution could serve as a crucial turning point in the ongoing struggle to maintain the integrity of Gullah-Geechee communities amid pressures of modernization and development.

As the narrative unfolds, it remains to be seen how the community will recover from this challenge, but their resilience and unity serve as strong indicators of their capacity to fight for their cultural legacy. The saga of Hogg Hummock stands as a testament to the enduring spirit of its residents, promising a vibrant future rooted in history and identity.