ST. HELENA ISLAND, S.C. – Members of the Gullah Geechee community on St. Helena Island passionately appealed to a Beaufort County judge on Tuesday, seeking the temporary restoration of access to a revered, historic cemetery.

Community members highlighted that some of the gravestones in the cemetery date back to the early 1900s, underscoring its cultural and historical significance.

In a unified move, the community filed a lawsuit in April against the property owners who had erected gates, blocking the road leading to the cemetery.

The property owners have since requested the court to dismiss the lawsuit.

The legal proceedings officially commenced on Tuesday morning, marking the beginning of this significant courtroom battle.

The prosecutors representing the resident plaintiffs asked the judge for a temporary injunction, meaning temporary access for residents while the lawsuit is pending.

The battle is over access to the Big House Cemetery, a place where many Gullah Geechee residents said they’ve been blocked from seeing their buried loved ones by a padlocked gate and no trespassing signs.

The cemetery is located at the very back of Everest Road, edging the marsh.

The significance of its location near the marsh, according to residents, is so their “spirit can travel back” to where they were originally.

According to plaintiffs who filed the lawsuit, the significance of the cemetery doesn’t just lie in culture but family tradition.

Many residents that filled the Beaufort County courtroom Tuesday have several family members, dating back generations, that are buried there.

Shanoma Watson, a plaintiff in support of access to the cemetery, said her grandmother, niece and nephew are currently buried under the Big House grounds.

She said her brother, who passed away in a car accident early last year, was expected to also be buried alongside family.

“Because that’s where everyone in the community, like on at least on our side, is expecting to go. Like, we really have nowhere else to go. This has been burial ground that has been used for decades on end.  So, it’s like really no question on where were going to go when it’s our time,” said Watson.

In May of 2024, Watson said funeral home employees went out to the cemetery site to prepare her brother’s grave. She said that’s when they discovered they couldn’t access the grounds.

“The day they were supposed to dig the graves, the funeral people, they went back there with the big trucks in the vaults and stuff and they were met by a gate in which they sat for at least an hour or two waiting for the fence to be open and a code, or whatever was needed, was never provided,” Watson said. “We had to come up with another alternative to bury him because we couldn’t get in there.”

Instead, Watson’s brother was buried miles away in Seabrook.

The unexpected gate, padlock and no trespassing signs on the road leading to the cemetery had put a stop to residents’ annual burials and visitations.

Mr. Murray, a 20-year funeral home employee, said he previously worked several funerals at the cemetery.

He was asked by prosecutors if he had encountered any other cemeteries in the area that he had to access through a locked gate.

“No, only that one,” he said.

The defense representing the property owner argued that the road was being worn down by heavy traffic and had little help to maintain it.

He argued there’s another road, Pope Estates Way, to access the cemetery.

Julia B. Scott, a long time St. Helena resident lives on Seaside Road, which is what Everest Road is off.

Scott said her mother, husband and son are buried in Big House and she would visit them on special holidays and days when she felt she needed their company.

“If you feel empty hearted or something like that and you wanna talk to your mom or your husband or your son, you can’t and it really hurts,” she said.

Scott was also asked if there was any other access to the cemetery.

“If there is, I do not know,” she said.

The prosecution argued the other entry on Pope Estates Way was not visible, overgrown and unsafe especially for elderly residents.

They also said the entry from Everest was a closer and more convenient access point.

The defense argued that there was a foot path off Pope Estates Way that led to the cemetery that residents could use.

Several residents said they were unaware of the path and the prosecution, through witness statements, added that it was not an easily accessible cemetery by foot.

“I think about a three- or four-minute ride down in a car,” said Scott, answering to how far the cemetery was from the entrance off Seaside Road.

Pope Estates Way is marked with several no trespassing signs at the entrance of the road.

The defense acknowledged this and added that one of the plaintiffs, Sheila Middleton, owned property off Pope Estates Road.

Her property showed to be at the very back of the road, nearest and adjacent to the cemetery.

He brought up that Middleton, in a recent parcel divide of property after her father passed, asked for a 20-foot easement to be able to access Big House Cemetery.

He furthered his argument by stating under South Carolina code, 27-43-310, that Plaintiff Middleton was the only person legally obligated to provide access to the cemetery,

Middleton said she was not aware.

The defense then asked if she would mind giving people access to the cemetery.

The plaintiff didn’t answer yes or no.

“The question is, the allegation that’s being made and you verified yourself, that you can’t get to the cemetery, right? You verified it in your complaint,” the defense said.

She said you can get there by Everest Road but the defense again called back to her property.

“You can get there on Pope Estates Way, can’t you? You can walk right out your door and walk right through there, can’t you?” said the Defense.

Middleton said walking is a whole different story from driving a car. She also said there were woods dividing the property from the cemetery.

Many residents brought up that they needed to go to the cemetery for spiritual and familial purposes.

The defense acknowledged this, and asked Middleton if that’s the case, they can come down her road.

“No, but I know they can go down Everest,” Middleton responded.

The defense pushed her one more time, saying that they could come down her road.

They asked if she would allow residents to come to her house to access the cemetery.

Middleton responded that they could not come to her property to access the cemetery.

In the end, the judge denied the defense’s motion to dismiss the lawsuit and instead ordered a visit effective immediately on Tuesday to view both roads and entry points.

It’s unclear yet if a decision will be made on whether the judge will grant the temporary injunction.