Siblings Take Legal Action Against Exclusive Townhome Community's HOA to Preserve a Historic Black Cemetery

Audrey Collins gazes up the hill with a mix of longing and sadness, thinking of her grandmother's grave.

Unfortunately, the pathway leading to the grave is blocked and impossible for Audrey, who is 71 years old. She would have to navigate over fallen trees and tangled vines just to reach the headstone, which may not even be visible in the thick forest.

Collins’ memories are the key to understanding the true identity of this place: Piney Grove Cemetery. It is a historic Black cemetery located on a 1-acre piece of land in Buckhead, an upscale neighborhood in Atlanta. Despite almost being forgotten, this sacred site remains preserved.

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A hangar stands at MacDill Air Force Base, Jan. 4, 2021, in Tampa, Fla.

Tiffany Emery/US Air Force/AP

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The homeowners association that owns the property where the cemetery is located is currently facing a lawsuit from descendants of those buried there. The lawsuit claims that the luxury townhomes’ HOA has neglected to upkeep the property properly, leading to the site being overgrown by nature and becoming almost unrecognizable.

Collins, one of the descendants involved in the lawsuit, vividly remembers his grandmother's funeral that took place at the cemetery. He recalls it being a rainy day and the memories still weigh heavily on his heart.

Standing next to her sister Rhonda Jackson, they both look back on the memories of their family members who are buried in the cemetery - a total of 11 that they are aware of. They were taken aback when they saw the cemetery in a state of complete disarray.

"I have a great-grandmother, grandmother, grandfather, and a younger brother buried in the cemetery... but we believe there are more," Jackson shared.

Collins mentioned that there are some detached headstones in the cemetery. One of them belonged to his grandfather. They were able to find the headstone, but it was not where he remembered it to be. Despite this, he was relieved that they were able to locate it.

Headstones at the Piney Grove Cemetery are seen amid trees and overgrowth.

Headstones at the Piney Grove Cemetery are seen amid trees and overgrowth.

Melissa Bugg

A hub for Black communities

At the beginning of the 20th century, Piney Grove Cemetery was part of a thriving African American community.

The Georgia Trust for Historic Preservation believes that some of the over 300 graves at the site date back to the 1800s, with some possibly belonging to enslaved individuals.

Jackson mentioned that the cemetery, owned by Piney Grove Baptist Church, served as a central location for various Black communities that established themselves in this region of Georgia following Emancipation.

The land is now owned by The Bluffs at Lenox Homeowners Association, a luxurious townhome complex located next to Georgia 400, a major state highway that links the northern and central areas of metro Atlanta.

According to Jackson, African Americans did not have a name when they arrived in this country. They are unaware of their origins. The cemetery provides a historical account, tracing back to the ancestral roots and communities of these individuals.

Collins and Jackson have made several attempts to clean the cemetery with a small group of supporters since 2020. They have not received any help from the HOA despite their efforts.

One year, due to desperation, the sisters decided to bring in a herd of goats to help eat the overgrown brush. The method worked well until they faced issues with the HOA because one goat ended up in a resident's yard.

The question now arises - who is responsible for the maintenance?

The sisters chose to pursue a legal course of action by filing a civil lawsuit in January against The Bluffs at Lenox Homeowners Association.

The complaint stated that Piney Grove Baptist Church acquired the land containing the cemetery in 1899, and later sold a portion of the land in 2002 to a developer, more than 100 years after the initial purchase.

The developer tried to relocate the cemetery in 2006 but stopped due to “opposition from descendants and local officials,” the complaint reads.

Fallen trees and overgrowth at the Piney Grove Cemetery in Atlanta.

Fallen trees and overgrowth at the Piney Grove Cemetery in Atlanta.

Melissa Bugg

The developer assured that they would take care of the cemetery for the townhome owners and the community if allowed to proceed with the luxury townhome development next to the Cemetery, as per the complaint.

The Atlanta City Council gave the green light for the development on the condition that the developer fulfills maintenance and access requirements, stated the complaint, which also mentioned that the HOA is responsible for maintaining the cemetery.

The HOA argues that the cemetery was abandoned before they acquired the land. They claim that no one took responsibility for maintaining it until recently.

During a court hearing in February, Kathryn Whitlock, the attorney for the HOA, mentioned that the plaintiffs had visited the cemetery as children but had not been back in years. When they finally returned, they found the cemetery overgrown and it was challenging to locate grave markers and boundaries.

The Bluffs at Lenox Homeowners Association declined to comment to CNN while the litigation is ongoing.

CNN

The HOA's main concern, as mentioned by Whitlock in court, is about liability. Since the HOA owns the land where the cemetery is located, they could be held responsible for any accidents that occur during the clearing process. Additionally, there is a question about the HOA's responsibility in maintaining the cemetery, which is awaiting a decision from the judge.

The lawsuit filed is requesting the court to declare Piney Grove as a public cemetery and to order the HOA to maintain and allow access to the cemetery. It also seeks damages to be awarded.

Losing the cemetery is losing identity

As the legal battle continues, the thick vegetation at the cemetery keeps growing, continuing to make access difficult.

Collins explained that she couldn't visit her grandmother's grave at the moment due to the difficult journey up the hill. At 71 years old, almost 72, and with a bad hip, it was too treacherous for her.

As she gazed at scattered engraved rocks that were once part of headstones, Collins expressed her concern about losing our identity. She emphasized the importance of preserving this window to the past, stating that we cannot allow it to fade away.

John Wesley Wright Senior, a childhood friend of Collins and Jackson, and a descendant of someone buried in the Piney Grove Cemetery, believes it is his responsibility to ensure the graves are properly maintained.

He expressed feeling violated by the sight of his ancestors, including his grandmother, buried in a neglected state. Wright finds it distressing to see the overgrowth that has taken place, as he believes a final resting place should be a peaceful and respectful environment. He questions whether his ancestors are truly resting in peace under these conditions.

A broken headstone is seen at the Piney Grove Cemetery in Atlanta.

A broken headstone is seen at the Piney Grove Cemetery in Atlanta.

Georgia Trust for Historic Preservation

Decades of displacing Black communities

While the cemetery may only cover a small area of land, according to Wright Mitchell, who is the president and CEO of the Georgia Trust for Historic Preservation, the significance of the case goes beyond just its size.

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The cemetery serves as a vital connection for African Americans to their ancestors and the once thriving communities that were uprooted over the years. According to Mitchell, this link has been present since Emancipation, when African American communities were displaced due to various tactics, such as development.

The cemetery is a reminder of the African American communities that used to flourish in the area such as Piney Grove, Lynwood Park, Bagley Park, Johnsontown, and Armour. Piney Grove has been listed in the trust's 2024 Places in Peril in the state.

Collins is not just focused on the legal responsibility for maintenance or the challenging task of preserving the cemetery's historical importance. She is also keeping a promise she made.

I feel emotional when I think about the first time we cleaned my Grandma's grave. During that cleanup, I made a promise to her. I said, "I promise you, this will not happen again. We will make sure you are treated with respect."

Editor's P/S:

The Piney Grove Cemetery case exposes the ongoing struggle for preservation and recognition of Black history and identity. The overgrown state of the cemetery not only symbolizes the neglect of African American legacy but also reflects the decades-long displacement of Black communities. The lawsuit highlights the legal and ethical responsibilities of property owners, particularly those in upscale neighborhoods, to maintain and respect historic Black burial grounds.

Audrey Collins' personal story underscores the emotional and cultural significance of the cemetery. Her promise to her grandmother to protect her resting place reflects the deep connections between African Americans and their ancestors. The legal battle over Piney Grove Cemetery goes beyond maintenance and access; it is a fight for recognition, respect, and the preservation of a collective history that has been marginalized for too long. By shedding light on this case, we can amplify the voices of those who have been historically neglected and contribute to a more inclusive and just society.