Steven Lieberman Argues in Front of Supreme Court of Maryland in Pro Bono Matter to Preserve African American Burial Ground

Partner Steven Lieberman presented oral arguments in front of the Supreme Court of Maryland on Monday, January 8, 2024, in the pro bono matter to halt the sale of the Moses African Cemetery, an African American burial ground in Bethesda, Maryland.

Steven Lieberman and supporters at a press conference outside the Supreme Court of Maryland after oral arguments in Bethesda African Cemetery Coalition, et al. v. Housing Opportunities Commission of Montgomery County on Monday, January 8, 2024.

On behalf of clients the Bethesda African Cemetery Coalition (BACC), the pastor of Macedonia Baptist Church in Bethesda, and members of the Black community in Bethesda, Steven and colleagues Jenny Colgate and Kristen Logan seek to stop the sale of a burial ground for formerly enslaved Africans to a developer unless and until it complies with Maryland law that requires the seller of land that is or was used as a burial ground to bring an action in the county in which the burial ground is located so the court may decide whether, and under what terms and conditions, such a sale may take place. 

The lawsuit was originally filed in early 2021, and in October 2021, the Rothwell Figg team was successful in getting Judge Karla Smith to grant a preliminary injunction halting the sale of the property unless and until the HOC complied with Maryland state law. HOC thereafter appealed to the Appellate Court of Maryland, and that Court issued a ruling reversing Judge Smith's decision. Rothwell Figg then filed a petition for a writ of certiorari with the Maryland Supreme Court. The Supreme Court of Maryland agreed to hear the appeal and rule on the very important issues raised by this case. The Supreme Court of Maryland grants less than 15% of the certiorari petitions filed, and the Court’s ruling reflects the importance of the issues raised by this case—specifically how burial grounds, such as the Moses African Cemetery, are to be treated under Maryland law. 

The Supreme Court of Maryland's decision is expected in the next few months. 

A recording of the arguments from Bethesda African Cemetery Coalition, et al. v. Housing Opportunities Commission of Montgomery County in front of the Supreme Court of Maryland, can be viewed here.

Below please find links to articles covering the latest in the case:

• The Washington Post, "Dispute of Black burial grounds in Bethesda reaches Md. Supreme Court," published on January 8, 2024
• The Daily Record, "Maryland Supreme Court weighing future of historic Black cemetery in closely watched case," published on January 8, 2024
• Ark Republic, "Lawsuit to save a historical, Black Maryland cemetery goes to the State's high courts today," published on January 8, 2024