Montgomery County Circuit Court Denies Motion to Dismiss in Pro Bono Case Involving Maryland's Historic Moses African Cemetery
In an Opinion issued on March 10, 2026, the Circuit Court for Montgomery County, Maryland denied the Housing Opportunities Commission of Montgomery County’s (HOC) motion to dismiss the First Amended Complaint filed by Rothwell Figg's pro bono client Bethesda African Cemetery Coalition (BACC) in litigation concerning the historic Moses African Cemetery.
Originally filed in 2021, the lawsuit originally sought to stop the sale of a burial ground for formerly enslaved Africans to a developer unless and until the HOC complied 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. 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.
In 2024, the Supreme Court affirmed in part and reversed in part the prior appellate decision and directed that the case be remanded to the Circuit Court to allow the BACC to seek leave to amend its complaint. Following that remand, the Circuit Court granted the plaintiffs permission to file a First Amended Complaint asserting claims for desecration of burial ground, violation of the right of sepulcher, and intentional infliction of emotional distress. The HOC subsequently moved to dismiss the amended complaint, arguing that the plaintiffs lacked standing, that the claims were barred by the doctrine of laches, and that the emotional distress claim was insufficient.
In its March 2026 opinion, the Circuit Court rejected the HOC's arguments and held that the BACC's claims are legally sufficient to proceed at this stage of the litigation. In denying the motion to dismiss, the Circuit Court held that the plaintiffs have legally sufficient claims under Maryland common law to seek equitable relief related to the alleged desecration of the burial ground. The court also determined that the defendant’s laches defense raises factual issues that cannot be resolved at the motion to dismiss stage. As a result, the BACC's claims may proceed to the next stage of litigation.
The Bethesda African Cemetery Coalition is represented pro bono by Rothwell Figg attorneys Steven Lieberman, Jenny Colgate, Kristen Logan, and Bryan Thompson.
