Georgia Supreme Court empowers Black landowners against zoning changes
- The Georgia Supreme Court unanimously reversed a lower court decision that halted a zoning referendum.
- Residents of Hogg Hummock on Sapelo Island opposed zoning changes that could lead to property tax increases and loss of cultural heritage.
- The court's decision empowers community members to have a say in local governance and preserve their historical identity.
In Georgia, the state’s highest court delivered a significant victory to Black landowners in the historically unique Hogg Hummock community on Sapelo Island. On September 29, 2023, the Georgia Supreme Court unanimously overturned a lower court decision that had blocked a referendum concerning a zoning ordinance revision. This ordinance, passed by McIntosh County officials, allowed for the construction of larger homes, which raised concerns among residents about potential property tax increases and preservation of their cultural heritage. The lower court ruling had stopped the impending vote just days before Election Day, despite over 2,300 signatures collected from registered voters advocating for a referendum. The controversy centered on the Hogg Hummock enclave, where a small population of Black residents, descended from freed slaves, continue to live in a community rich in history and culture rooted in their Gullah-Geechee heritage. Local supporters claimed that the zoning changes brought by the county would threaten the existence and cultural integrity of this vital community. Residents expressed fears that the modifications would lead to the transformation of Hogg Hummock into a more affluent area, fundamentally altering its character and accessibility. Supreme Court Justice John Ellington wrote in the opinion, clarifying that the zoning ordinance was indeed subject to referendum procedures outlined in Georgia's Constitution. He emphasized that the county electorate holds the authority to seek changes to zoning laws through democratic processes. The ruling signifies not only a victory for Hogg Hummock residents but also highlights broader issues of land rights and local governance among historically marginalized communities in the South. The outcome reflects the ongoing struggle of Gullah-Geechee communities across the Southeastern United States, where residents fight to safeguard their traditions and rights against external pressures and development interests. The legal expertise and public advocacy rallied by Hogg Hummock residents underscore the significance of community engagement in local governance and the necessity of protections for historically marginalized communities facing rapid changes and challenges to their way of life.