McIntosh County Superior Court Judge D. Jay Stewart on Monday dismissed an effort by Black residents of Sapelo Island to undo a recent rezoning decision. An attorney for the residents said they plan to try again.
Hogg Hummock residents, descendants of enslaved people who were brought to Sapelo Island from West Africa, opposed a rezoning decision county commissioners made in September that allows houses on the island to double in size. Residents fear the changes will lead to higher taxes and ultimately force out the remaining members of their community. Nine residents filed a complaint in October seeking to reverse the zoning changes. The county responded with a motion to dismiss in December.
Stewart heard oral arguments on the county’s motion to dismiss last month. He sided with the county based on the argument that the residents erred in naming not only the county but also individual commissioners as defendants. A Georgia constitutional amendment voters passed in 2020 regarding the waiver of sovereign immunity allows only the state, county or municipality, not individuals, to be sued. While the plaintiffs tried to amend their complaint to fix this error in December, it couldn’t be done at that point, the order explained.
Miriam Gutman, a senior attorney with the Southern Poverty Law Center, which represented the residents, vowed to file a new complaint.
“This week, Judge D. Jay Stewart dismissed our complaint against McIntosh County and the additional defendants, but did so without prejudice, meaning we can refile,” Gutman wrote in a prepared statement. “The ruling only addressed procedural issues, and the court did not address any of the underlying merits regarding Hogg Hummock or the zoning amendment. The Hogg Hummock community is historically significant in Georgia and one of the last of its kind remaining in the United States. Under Georgia law, we are permitted to refile within six months, and we plan to file an amended verified complaint that names McIntosh County as the sole Defendant.”
McIntosh County sought the dismissal.
“While McIntosh County is pleased with the Judge’s ruling, we believe it appropriate to withhold further comment at this time,” wrote Attorney Ken Jarrard, of Cumming-based Jarrard & Davis, which represented McIntosh County.