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Lawsuit filed over graves under business
A Clearwater company is suing the city over unmarked graves underneath the building. FOX 13’s Blake DeVine reports.
CLEARWATER, Fla. - A Clearwater company has filed a lawsuit against the city after more than 300 graves were found buried beneath its office property.
What we know:
The legal fight over what lies beneath the FrankCrum office on 100 S. Missouri Avenue is moving forward following an appeals court ruling.
The human resources firm alleges that when it bought the property in 2004, it was assured that any remains from the former St. Matthew’s Baptist Church Cemetery had been removed.
The remains are believed to be from the historic African American cemetery. According to the founder of The Cemetery Society, Aileen Henderson, that number could be much higher.
What they're saying:
"There’s a lot more bodies there than we think there are," she said. "There were no other black cemeteries nearby. That means every black member in that community would be buried there."
The situation in Clearwater is not unique. In recent years, historically black cemeteries have been rediscovered beneath buildings and properties all across Tampa Bay.
Henderson says what’s happening in Clearwater is deeply disturbing.
"What’s even worse is that they are being erased and our history is being erased," she said.
Along with seeking damages from the city and the Clearwater Redevelopment Agency, FrankCrum is asking for the human remains to be respectfully relocated.
By the numbers:
The city of Clearwater has already spent more than $237,000 defending the lawsuit.
FOX 13 reached out to city spokeswoman Joelle Wiley Castelli, who sent us a statement.
"Today’s taxpayers are litigating events that allegedly occurred more than a quarter of a century ago," she said. "The passage of time is so vast that it’s become hard to track down witnesses, documents, and refresh recollections."
Nevertheless, Henderson believes the City of Clearwater bears responsibility.
"Is it the city’s responsibility? I feel like it is because they originally built over the cemetery," she concluded.
The backstory:
In 2023, Florida Gov. Ron DeSantis signed House Bill 49, creating the Historic Cemeteries Program within the Division of Historical Resources. The law strengthens protections for abandoned and historic cemeteries, particularly African American burial grounds, across the state.
What we don't know:
A trial date for this lawsuit has not been set.
The Source: Information for this story came from statements from the city of Clearwater, interviews with The Cemetery Society founder and reporting from previous coverage on FOX 13 News.