Above photo: Bethesda African Cemetery Coalition.
The Court calls for “Justice” for African Ancestors and Descendants.
On February 11, the Montgomery County Circuit Court (the “Circuit Court”) sided favorably with the motion for equitable relief from the Bethesda African Cemetery Coalition (BACC) against the Housing Opportunities Commission (HOC.) The BACC filed a lawsuit to stop HOC from selling Moses African Cemetery to a private developer, Bethesda based Charger Ventures. The decision was appealed to the MD Supreme Court. In a split decision, the Maryland Supreme Court remanded the case back to the Circuit Court and provided BACC and plaintiffs with the opportunity to amend their complaint and demand equitable relief, including financial damages for HOC’s desecration of Moses Cemetery.
The Plaintiffs in this case are, BACC, Reverend Olusegun Adebayo, Darold Cuba, Geneva Nanette Hunter and Montani Wallace (collectively, “Plaintiffs.”). These Plaintiffs filed an amended complaint against the HOC.
The Supreme Court of Maryland’s August 30, 2024, ruled that Maryland statute, BR § 5-505, does not require HOC to seek court permission before selling Westwood Tower, a property in Bethesda, Maryland that contains a burial ground holding the bodies of several hundred African Americans. However, the Court found that Maryland law recognizes the common law of burial places. Accordingly, the Supreme Court of Maryland remanded the case back to the Montgomery County Circuit Court so that Plaintiffs can bring claims and seek remedies available under the common law of burial places.
“This is an historic step by the court to address the wrongdoings by the Housing Opportunities Commission (HOC) that owns and daily desecrates Moses African Cemetery in Bethesda, Maryland” said Dr. Marsha Coleman-Adebayo, President of BACC. This should also serve as a warning to other developers who desecrate African burial grounds. The community will fight back! According to Steven Lieberman, lead counsel for Plaintiffs, “the Circuit Court’s order is an important milestone toward achieving justice for those buried in Moses African Cemetery.”
The Plaintiffs now bring claims against HOC for violation of the right of sepulcher (burial) and intentional infliction of emotional distress. BACC and Plaintiffs will “seek to recover past damages and injunctive relief for HOC’s wrongful and tortious conduct directed toward the Moses African Cemetery and those buried therein, including maintaining a parking lot on the cemetery, encouraging cars to park on top of and desecrate this sacred ground, and receiving financial compensation (that is, parking fees) for such desecration.”
Plaintiffs filed their First Amended Complaint last week. A press conference will be announced.
