Mt. Olive Cemetery

An Application was filed in March of 2009 with the City of Atlanta by Brandon Marshall and Community Renewal LLC to remove graves from historic Mt. Olive Cemetery at Frankie Allen Park. In December of 2009, the Atlanta Urban Design Commission (AUDC) voted to recommend to the Atlanta City Council that it deny the application.

On March 9, 2010, the Atlanta City Council's Community Development/Human Resources Committee voted unanimously to deny the application. On March 15, 2010, the full City Council voted 11 to 1 to deny the application to remove the graves at Mt. Olive Cemetery. On March 31, 2010, Brandon Marshall filed a complaint in the Superior Court of Fulton County seeking declaratory relief and judicial review of the adverse decision by the Atlanta City Council.

In September 2009, as Brandon Marshall's application was being reviewed by the City of Atlanta, a lawsuit was filed in Fulton County Superior Court against the developer on behalf of Elon Butts Osby, whose ancestors are buried in Mt. Olive Cemetery. Ms. Osby was represented by Buckhead Heritage Society President Wright Mitchell and his law firm, Constangy, Brooks & Smith, LLP on a Pro Bono basis. The lawsuit argued that Mt. Olive Cemetery is a public cemetery and therefore cannot be disturbed under Georgia law. Following a hearing on October 19, 2010, the Superior Court of Fulton County issued a Final Order which bars the developer from "disturbing the Mt. Olive Cemetery or otherwise appropriating it for private use." Read the full court document here.

Based on Court's ruling in the Osby lawsuit, the City of Atlanta plans to ask the Court to dismiss Marshall's lawsuit against the City.

Please read the Conger Report to learn more about Mt. Olive Cemetery. To read about the fight to protect Mt. Olive Cemetery, visit our News page to read the media coverage.

Recent Work

Thanks to contributions from its members and corporate supporters in the past year, Buckhead Heritage was able to complete important projects that further its mission to sustain the quality of life in Buckhead by identifying, preserving, and promoting the community's historic resources. Here are just a few highlights of the organization's recent work:

Buckhead Heritage served on the steering committee for the Buckhead Greenspace Action Plan, which created an innovative vision for an interconnected network of parks, trails, and greenspaces in Buckhead that will interweave opportunities for history, art, and environmental protection into a meaningful system that enhances the quality of life in the community.

Buckhead Heritage contracted with Dustin Hornsby, Restoration Manager at Historic Oakland Foundation, to complete the repair of seven headstones at Harmony Grove Cemetery to ensure their long-term preservation. Buckhead Heritage also held a successful volunteer workday at the site in November.

Buckhead Heritage created a new component of the website where visitors can learn about Buckhead's history, historic buildings, and historical markers. Start exploring this new resource now!

Buckhead Heritage successfully prevented a developer from removing Mt. Olive Cemetery and held a clean-up day at the cemetery in May with students from the Atlanta International School.

Buckhead Heritage conducted nine oral history interviews, including four interviews at History Day at the North Buckhead Civic Assocation Fall Fling in October.

Buckhead Heritage held several fascinating educational programs including Digging Up Civil War History: Battlefield Archaeology of the Atlanta Campaign and Cocktails and Cartouches: An Architectural Bus Tour of Buckhead.

As a BHS Member, you’ll receive our annual newsletter, be invited to special educational events, receive recognition in our publications, and most importantly, be a supporter of identifying, preserving, and promoting the historic resources of Buckhead!