SAVANNAH, Ga. – Attorneys representing the Hogg Hummock community in coastal McIntosh County, Georgia, have requested a judge to allow them to rectify technical issues in their civil complaint over zoning changes. They argue that these changes pose a threat to one of the last Gullah-Geechee communities, comprised of Black descendants of slaves in the South. The plaintiffs’ attorney argued that the lawsuit should not be dismissed, as it complies with a 2020 amendment to Georgia’s state constitution that deals with legal immunity for local and state governments.
Residents of Hogg Hummock filed the lawsuit in October following a decision by county commissioners to relax zoning restrictions that have traditionally protected the community. The changes now permit larger homes in the area, which residents believe will result in unaffordable property tax increases. The lawsuit claims that the new law discriminates based on race, rendering it unconstitutional.
During the court proceedings, the judge focused on technical flaws in the lawsuit rather than its merits. A Georgia constitutional amendment, enacted in 2020, allows citizens to sue the state’s governments for unlawful acts while prohibiting the listing of individual government officers as defendants. However, the Hogg Hummock lawsuit names McIntosh County and its five commissioners as defendants, potentially contradicting the amendment. The county’s attorney argued for an absolute dismissal based on a similar ruling by the Georgia Supreme Court.
The plaintiffs’ attorney, Miriam Gutman, countered the argument by requesting changes to the lawsuit, specifically dropping the commissioners as defendants. Gutman stated that courts routinely allow amendments to move lawsuits forward. If the judge dismisses the case, Gutman asked for a dismissal “without prejudice,” allowing residents to file a new lawsuit on the same issues.
The judge has not yet made a decision and has given both parties until March 1 to file proposed orders regarding how they would prefer him to rule. He acknowledged the significance of the case, mentioning that he had visited Hogg Hummock and understands the community’s importance to its residents.
Hogg Hummock, also known as Hog Hammock, is situated on less than a square mile of land on Sapelo Island, owned mostly by the state of Georgia. Founded by former slaves who worked on the island plantation of Thomas Spalding, the community is home to 30 to 50 Black residents. These residents are descendants of enslaved populations in the South, known as Gullah or Geechee, who have retained much of their African heritage due to their long isolation from the mainland.
The lawsuit filed by Hogg Hummock residents accuses McIntosh County of violating Georgia laws governing zoning procedures and public meetings, as well as residents’ constitutional rights to due process and equal protection. It alleges that county commissioners specifically targeted a predominantly poor Black community to benefit wealthy white land buyers and developers.
In a legal response filed in court, McIntosh County officials denied any wrongdoing. Outside of court, Hogg Hummock residents are gathering petition signatures in an effort to prompt a special election that would allow McIntosh County voters to override the zoning changes.