Black landowners allege racial discrimination in Georgia zoning changes

In Georgia, Black landowners from Hogg Hummock on Sapelo Island have returned to court to push forward a lawsuit that challenges the 2023 zoning changes enacted by the McIntosh County commissioners. These changes have been accused of adversely affecting a predominantly Black community with a long history, as they allegedly favor wealthy white buyers and developers. The case was initiated nearly two years ago but has faced numerous procedural delays, including the dismissal of the original suit due to legal errors unrelated to the substantive discrimination claims. The residents, represented by the Southern Poverty Law Center, are arguing that the amendments violate their constitutional rights, particularly their rights to due process and equal protection under the law. The zoning changes in question allow for an increase in home sizes, which community members fear will lead to significant tax hikes, threatening the affordability and cultural integrity of their community. Richard Banks, a local landowner, expressed the uncertainty faced by residents regarding their property and livelihoods as they await progress in the lawsuit. During a recent court hearing, the county’s attorney posed arguments against the validity of the discrimination claims, suggesting the lawsuit was filed after the expiration of legal timeframes set by state law. Currently, the lawsuit has been complicated by questions of jurisdiction and procedural timing, with the county's lawyers contending that the case should not proceed due to missed deadlines. The judge overseeing the case did not issue a ruling following the recent hearing but has requested updated proposals from both parties. Meanwhile, another legal matter involving Sapelo Island residents is pending before the Georgia Supreme Court, which could lead to a special election regarding the zoning changes that have been deemed controversial and problematic for the community.