The Maryland Supreme Court has ruled that human remains from a former Black cemetery are likely still interred under a Bethesda apartment complex, but that the property can still be sold, according to the court’s decision filed Friday.
The Bethesda African Cemetery Coalition (BACC) brought the case in 2021 against the Housing Opportunities Commission of Montgomery County, which provides housing for low- and moderate-income families in the county. The case centers on whether the commission can sell Westwood Tower Apartments in Bethesda to a private developer even though the remains of 200 Black people from different generations are buried underneath the parking lot.
BACC refers to the property at 5401 Westbard Avenue as Moses Macedonia Cemetery. Over the past couple of years, BACC has argued in court that the commission needs court approval to sell the land because it consists of burial grounds. The case reached the state Supreme Court in January.
In its decision, the court recognized the probable existence of human remains under the apartment complex, but said the property can be sold without judicial approval. However, the court is allowing the case to return to the county’s circuit court so that BACC can make claims and seek relief.
“It appears that the parties have misunderstood the legal framework in Maryland that protects the repose of the deceased and the feelings of the living who remember the deceased,” the decision from the justices says. “That statute imposes no duty on sellers of burial grounds to file an action. However, that does not mean that burial grounds in Maryland are left without protection.”
According to the court, “the descendants of people who were laid to rest in burial grounds where deeds were not executed and certificates were not issued may seek equitable relief under the common law of burial places.”
Friday’s decision affirms an Appellate Court’s judgment in part, reverses it in part and orders that the case be remanded to the circuit court—which allows BACC to revise its complaint.
BACC called the decision a “victory” in a press release Wednesday.
“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,” BACC said in the release. “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.”
In a separate press release, BACC attorney Steve Lieberman said the coalition intends to revise its complaint to include claims and seek relief.
A commission spokesperson did not immediately respond to a request for comment Wednesday.
In the 1960s, the cemetery site was paved over to be used as the parking lot for Westwood Tower Apartments, according to Lieberman, and the burial ground is located on parcel 175 on Westbard Avenue.
The commission acquired the apartment building in 2018, according to its website. In 2021, the commission planned to sell the property to a developer, Charger Ventures, for $51 million. BACC filed a lawsuit to block the sale in August 2021.
In October 2021, Montgomery County Circuit Court Judge Karla Smith granted a preliminary injunction against the sale. In November 2021, Charger pulled out of the sale because of the litigation.
Then, in June 2023, the Appellate Court of Maryland overturned the circuit court’s ruling, saying the commission does not need to seek court approval before selling the Bethesda property.
Throughout court proceedings, the commission has argued that the desecration of Black bodies happened decades ago and the case should have been addressed at that time. The commission also has said it does not want to take away the rights of the bodies buried under the apartment complex.
BACC has argued that the sale must come under judicial review because of the existence of the cemetery.The Maryland Supreme Court has ruled that human remains from a former Black cemetery are likely still interred under a Bethesda apartment complex, but that the property can still be sold, according to the court’s decision filed Friday.
The Bethesda African Cemetery Coalition (BACC) brought the case in 2021 against the Housing Opportunities Commission of Montgomery County, which provides housing for low- and moderate-income families in the county. The case centers on whether the commission can sell Westwood Tower Apartments in Bethesda to a private developer even though the remains of 200 Black people from different generations are buried underneath the parking lot.
BACC refers to the property at 5401 Westbard Avenue as Moses Macedonia Cemetery. Over the past couple of years, BACC has argued in court that the commission needs court approval to sell the land because it consists of burial grounds. The case reached the state Supreme Court in January.
In its decision, the court recognized the probable existence of human remains under the apartment complex, but said the property can be sold without judicial approval. However, the court is allowing the case to return to the county’s circuit court so that BACC can make claims and seek relief.
“It appears that the parties have misunderstood the legal framework in Maryland that protects the repose of the deceased and the feelings of the living who remember the deceased,” the decision from the justices says. “That statute imposes no duty on sellers of burial grounds to file an action. However, that does not mean that burial grounds in Maryland are left without protection.”
According to the court, “the descendants of people who were laid to rest in burial grounds where deeds were not executed and certificates were not issued may seek equitable relief under the common law of burial places.”
Friday’s decision affirms an Appellate Court’s judgment in part, reverses it in part and orders that the case be remanded to the circuit court—which allows BACC to revise its complaint.
In a separate press release, BACC attorney Steve Lieberman said the coalition intends to revise its complaint to include claims and seek relief.
A commission spokesperson did not immediately respond to a request for comment Wednesday.
In the 1960s, the cemetery site was paved over to be used as the parking lot for Westwood Tower Apartments, according to Lieberman, and the burial ground is located on parcel 175 on Westbard Avenue.
The commission acquired the apartment building in 2018, according to its website. In 2021, the commission planned to sell the property to a developer, Charger Ventures, for $51 million. BACC filed a lawsuit to block the sale in August 2021.
In October 2021, Montgomery County Circuit Court Judge Karla Smith granted a preliminary injunction against the sale. In November 2021, Charger pulled out of the sale because of the litigation.
Then, in June 2023, the Appellate Court of Maryland overturned the circuit court’s ruling, saying the commission does not need to seek court approval before selling the Bethesda property.
Throughout court proceedings, the commission has argued that the desecration of Black bodies happened decades ago and the case should have been addressed at that time. The commission also has said it does not want to take away the rights of the bodies buried under the apartment complex.
BACC has argued that the sale must come under judicial review because of the existence of the cemetery.