6TH NLIU INADR INTERNATIONAL LAW SCHOOL

MEDIATION TOURNAMEMT, 2017

4
17-19 NOVEMBER, 2017
ROUND

GENERAL FACTS:  TURNER REALTY V. MIDDLEVILLE

HISTORICAL SOCIETY
It’s been there for about a decade – the “FOR SALE” banner planted next
to the sign that says “Historical Marker” along a busy road in Middleville.
 Most people assumed it would never sell, because what lies behind the
signs on the busy thoroughfare is a cemetery, a state and local landmark
considered one of the city’s oldest burial grounds, and a place where
several Confederate States Army veterans are interred. Shortly before his
death in 1897, the grocer and Confederate veteran who owned the
property said he wanted it to be a “place of Sepulture for the people,
forever.”  But back then, it was country.  Now it sits between zero-lot-line
townhomes and an old apartment complex, in the process of being torn
down for a new townhome community.    Business is booming, and the
neighborhood is resurgent.

Who would want to buy a cemetery? And who would want to build on a
cemetery – hasn’t everyone seen Poltergeist?  However, the property has
recently gone under contract.  Turner Realty has been marketing the lot
for $1.2 million, and Chris Turner says the acre will become townhomes if
City Hall approves rezoning of the land from single family to multifamily,
a process that usually takes about five months.  The marketing materials
say the land1487
could fit nine
Monroe townhomes
Avenue along with
941-755-2765 a pathway to the
info@e.hartnett.com
Bradenton, FL 34207 941-755-2766 www.ehartnett.com
cemetery.
Cemetery historian Frances Smith never thought s/he would see the day
that anyone would build on this scared ground. Frances and her family,
with the help of the Middleville Historical Society, have stood watch over
this land for decades, and are responsible for the historical marker, and
designation as an official Middleville landmark in 2007.   The parcel also
includes a freedman’s cemetery where former slaves were buried.  Which
means, yes, this might be the only place in the state where Confederate
soldiers and former slaves share a burial ground.

According to the 2007 historic overlay ordinance, you can build on the
acre, as long as you leave at least 12 feet between construction and the
cemetery.  The builder would also have to provide public access.  How
this would be accomplished in a respectful way is of keen interest to
Frances and the Historical Society.  An additional problem?  There are
likely bodies buried outside the official confines of the cemetery. In a
tussle over the land in 1990, the existing boundary was set by a judge.
 Although some tombstones remain outside of the boundaries, a few little
more than rubble, dozens of grave markers are believed to have been
destroyed over the years by time and vandals. “They will find bodies,” says
Frances. “You can tell that there are graves back in all directions.” If so,
they will have to be moved, expensive work that requires the state’s
approval.

A mediation has been arranged between Chris Turner of Turner Realty, on

behalf of the potential buyer and Frances Smith as President of the
Historical Society. Both parties are represented by counsel.

ALTERNATIVE DISPUTE RESOLUTION CELL, 2017-18