BACC Declares Victory at the Supreme Court of Maryland

August 4, 2024

On Friday August 30, the Supreme Court of Maryland issued its decision in the case of Bethesda African Cemetery Coalition v.  Housing Opportunities Commission of Montgomery County. In its finding, the court acknowledges what BACC has been asserting for years: Moses African Cemetery “was a historic Black burial place that contains interments of many individuals, including formerly enslaved persons and their families” and “it appears likely that human remains are still interred in the land today, which is currently part of a property known as the Westwood Tower Apartments.”

In light of the Maryland Supreme Court decision, we call on all elected officials to demand an immediate cessation of all desecration and erasure of Black History at the Westwood Towers site. 

The question of whether Moses African Cemetery is real and whether those buried in it and their descendants are the current victims of a government sponsored desecration is now forever resolved. 

The majority opinion determined that Maryland common law prohibits the desecration of the remains of the dead. Although the Court did not prohibit the sale of burial grounds without judicial overview, they did warn developers that going forward equitable relief is available to descendants. 

The Court wrote:

 “…if a seller of a qualifying burial ground sells such a property for another purpose without obtaining a judgment under BR 5-505, interested parties remain able to bring not only any legal claims, but also their own equitable claims to circuit court.” 

This is a historically important ruling. 

We would like to acknowledge the judicial brilliance of the two dissenting Justices, Hotten and Watts, whose written dissents fought valiantly in favor of imposing a mandatory obligation on property owners to go to court before selling a burial ground. 

The Court expressly authorized BACC to seek leave to amend its complaint against HOC to assert claims for such desecration and to seek injunctive and other relief against continuing desecration of the Moses African Cemetery. That is precisely what BACC plans to do. 

BACC will continue its organizing and advocacy until the desecration of Moses African Cemetery comes to an end. We thank our supporters who packed the Maryland Supreme Court lobby, overflow room, and courtroom earlier this year. We are grateful that our community marched, raised funds, and demonstrated against public officials who refused to acknowledge the humanity of Black people both alive and deceased. 

BACC plans to convene a series of media and public events to educate the community about the Maryland Supreme Court victory. 

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