Georgia’s highest court is currently considering a significant legal battle involving Black landowners and local officials over zoning changes affecting one of the South’s last Gullah-Geechee communities, founded by freed slaves. Residents of Sapelo Island, a largely untouched area, are challenging amendments imposed by McIntosh County officials that have doubled the permissible size of homes in Hogg Hummock, a small enclave within the island. Homeowners express concerns that these changes could lead to unaffordable tax increases, threatening the unique historical and cultural community.
On Wednesday, the Georgia Supreme Court heard arguments regarding whether residents have the constitutional right to petition for a special election to repeal the 2023 zoning changes. Hogg Hummock residents and their supporters had previously gathered over 2,300 signatures from registered voters, seeking a referendum in the coastal county located 60 miles south of Savannah. However, McIntosh County officials sued to prevent the vote, and a lower court halted the election days before it was to occur, citing legality issues despite early ballots having been cast.
The island’s attorney, Philip Thompson, emphasized the importance of granting residents a constitutional right to a referendum to protect the area’s cultural and historical significance. Meanwhile, McIntosh County’s attorney, Ken Jarrard, argues that zoning powers are distinct from other county government powers as defined by Georgia’s constitution, and thus not challengeable by referendum.
Hogg Hummock, also known as Hog Hammock, is home to approximately 30 to 50 Black residents. This tight-knit community, with its dirt roads and modest homes, was established by freed slaves who worked on the cotton plantation of Thomas Spalding. It is one of the few remaining communities founded by emancipated island slaves known as Gullah, or Geechee in Georgia, stretching along the coast from North Carolina to Florida. Scholars note that these communities have retained much of their African heritage because of their isolation from the mainland.
In 1996, Hogg Hummock was recognized on the National Register of Historic Places, a testament to its historical value. Despite its designation, the community relies on local government in McIntosh County for its preservation, where 65% of the 11,100 residents are white. Residents were taken by surprise in 2023 when the county commissioners voted to ease zoning restrictions designed to protect Black residents from the pressure to sell family-held lands.
County attorneys have downplayed residents’ concerns, arguing that the allowance of larger homes is insignificant. The Supreme Court case does not address whether Hogg Hummock merits special protections; rather, it focuses on whether local zoning laws can be contested through a referendum and if commissioners were justified in stopping the October vote.
The current case follows a 2023 ruling by Georgia’s highest court that supported a referendum blocking a coastal county from establishing a commercial rocket launchpad. This ruling inspired Hogg Hummock residents to seek their referendum. However, county attorneys argue that constitutional provisions enabling citizen referendums do not apply to zoning decisions due to separate constitutional sections covering zoning powers. They also contend that the lower court erred in suspending the zoning changes while awaiting the state Supreme Court’s decision, which could take up to six months.
Lawyers representing Hogg Hummock argue that the referendum should not have been interrupted and that commissioners lacked the legal authority to sue to stop it, referencing the Supreme Court’s ruling in the spaceport case.
As the Supreme Court deliberates on the Sapelo Island case, residents are also dealing with the aftermath of a tragic incident. On October 19, during the annual Cultural Day festival, a walkway collapsed at the state-operated ferry dock, resulting in seven fatalities. The day was meant to provide a respite from the community’s challenges and uncertainties.
The Community Impact
The outcome of the Georgia Supreme Court’s decision will have profound implications for the residents of Hogg Hummock and similar historic communities. Should the court uphold the residents’ right to a referendum, it could empower other marginalized communities to challenge local government decisions that threaten their cultural preservation and economic stability.
If the zoning changes proceed without challenge, residents fear it could lead to a domino effect of economic and social pressures that increase property taxes and force families to sell ancestral lands. Such changes could undermine efforts to preserve the unique cultural heritage of Gullah-Geechee communities, significantly impacting their way of life.
The case highlights broader issues of governance, community rights, and the preservation of cultural identity against evolving economic landscapes. As historic communities face modernization pressures, the decisions made in legal arenas like this one will set precedents for how similar disputes might be resolved across the country.