FrankCrum Sues Clearwater Over Buried Graves

FrankCrum, a human resources company, has initiated legal action against Clearwater’s Community Redevelopment Agency after the discovery of over 300 graves beneath its office complex located at 100 S. Missouri Avenue. The graves are believed to belong to the former St. Matthew’s Baptist Church Cemetery, which served a 20th-century Black neighborhood. An engineering report from 2022 confirmed the presence of at least 328 graves, prompting the lawsuit filed in 2023. FrankCrum claims it was assured that the property had been cleared of any human remains when it purchased the land in 2004 from Information Management Resources.

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The lawsuit is progressing toward trial following an appeals court ruling that denied a motion for summary judgment from the redevelopment agency. Clearwater has already expended over $237,000 in legal fees defending the case. FrankCrum is seeking damages from the city and the redevelopment agency, as well as the respectful relocation of the remains to another cemetery in Clearwater's North Greenwood neighborhood, as requested by descendants of those buried.

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Aileen Henderson, founder of The Cemetery Society, has expressed concerns that the number of graves could be significantly higher than reported, noting that the absence of nearby Black cemeteries suggests that many community members were interred at this site. Henderson emphasized the importance of preserving the history associated with these graves, stating, "What’s even worse is that they are being erased and our history is being erased."

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City spokesperson Joelle Castelli remarked on the challenges posed by the lengthy time frame of the events, stating, "Today’s taxpayers are litigating events that allegedly occurred more than a quarter of a century ago." She highlighted the difficulties in tracking down witnesses and documents due to the passage of time. Despite this, Henderson argues that the city bears responsibility for the situation, asserting, "Is it the city’s responsibility?"

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In 2023, Florida Governor Ron DeSantis signed House Bill 49, which established the Historic Cemeteries Program aimed at enhancing protections for abandoned and historic cemeteries, particularly those of African American heritage. This legislation underscores the growing recognition of the importance of preserving such sites.

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While FrankCrum's lawsuit claims the graves were not disclosed at the time of purchase, Clearwater's defense emphasizes the challenges of litigating events from decades past. The exact number of graves remains uncertain, with experts suggesting that the actual figure could be higher than reported.

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As the case moves forward, a trial date has yet to be scheduled. The outcome may have significant implications for the treatment of historic cemeteries and the responsibilities of municipalities in similar situations.

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