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COMMUNITY
Judge considering arguments in
Heard Cemetery case
BY DANWH1SENHUNT
danwhisenhunt@reporternewspapers.net
DAN WHISENHUNT
Some of Judge John Heard’s descendants
gathered outside of the courtroom after
the hearing. From left, John Wade, John
Ricketson, Scott Smith, Nancy Smith,
Katherine Peters and Leslie Lowthers.
Fulton County in
2006 sold a one-acre par
cel of land at a court
house auction to reclaim
unpaid taxes. A Superi
or Court judge serving
in that same courthouse
now must decide what
to do with the proper
ty more than six years
after people realized it
contained a historic cem
etery.
Cemeteries are tax ex
empt in Georgia. How
the property ended up
on the auction block re
mains a mystery.
Fulton County Supe
rior Judge Kimberly Ad
ams is considering two
proposed orders regard
ing the cemetery.
On May 29, she heard from the
cemetery owner and the descendants
of Judge John Heard, the Confederate
Veteran buried at the cemetery. Adams
is considering a motion for summary
judgment to give control of the property
back to Heard’s family.
Adams said that she, like many oth
ers, is confused about the events that led
to the May 29 court hearing.
“Obviously, were not going to be
able to sort through issues related to the
title,” Adams told Wright Mitchell, the
attorney representing Heard’s descen
dants.
The judge will likely issue a ruling on
whether the entire acre is a cemetery. If
it is, then it cannot be developed by its
current owner, Christopher Mills. Mills
sued the city of Sandy Springs in 2012
after city officials denied his application
to build a house on the property. Heard’s
descendants intervened and asked the
judge to give the property back to them.
Christopher Poterfield, Mills’ attor
ney, said that the whole acre can’t be tax
exempt because the whole acre isn’t be
ing used for burials.
During the May 29 hearing, Porter
field said that Mills has a survey show
ing that there are no bodies or any oth
er burial artifacts in the area where Mills
intends to build his house.
“There are not going to be additional
burials at the Heard Cemetery,” Porter
field said to Adams.
Mitchell spoke up.
“I object to that statement, your hon
or,” he said, waving his hand to show the
half dozen Heard family members sit
ting behind him.
Porterfield said there would be plenty
of room on the property for future buri
als and for Mills to have room to build
his home.
Adams sounded skeptical of that ar
gument. The descendants claim the acre
was set aside for a cemetery, Adams said.
In 1900, Judge Heard conveyed that
acre as a cemetery for his descendants,
according to court documents.
Porterfield said the property’s tax ex
empt status should only apply to those
portions being used as a cemetery.
“Simply because, in 1900, this one
acre was conveyed and set aside for a
cemetery, the owners are not entitled
to tax exemption on the entire proper
ty just because a portion of it contains
remains,” Porterfield said. “What if we
were talking about two acres or three
acres:
“But we re not,” Adams said.
Adams stopped the proceedings to
remind the Heard descendants that they
shouldn’t laugh during a court hearing.
Porterfield asked Adams to let the
case go to trial or to rule that a certain
portion of the property is a cemetery,
and the rest belongs to Mills.
Adams asked attorneys for both sides
to draw up proposed orders for her con
sideration. Attorneys gave Adams their
proposed orders on June 7, Mitchell
said.
Heard descendants gathered outside
the courthouse after the hearing. They
said they never received notice that the
cemetery was behind on its taxes. An
other Heard descendant, Mary Ann Ei
sner, sold her rights to the property in
2007 to Mills’ in-laws, Henry and Wan
da Cline. The Clines bought the prop
erty with the intention of preserving it
but those plans never materialized. They
eventually sold it to Mills for $ 1.
The descendants said they were op
timistic that Adams would rule in their
favor.
“I like the questions the judge asked,”
said John Ricketson, Heard’s great-great
grandson. “I think she had it narrowed
down pretty good, that it wasn’t exces
sive to set aside an acre for a family cem
etery.”
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