It was a win for developers, the family said. A request by Koman Properties to relocate the old Silvey family cemetery on property at Ga. Highway 92 and South Fulton Parkway destined for commercial development was approved Feb. 20 by the Union City Council on a 3-1 vote. The request had been tabled from the January meeting.

The standoff between the developer and the family continued Feb. 20, with family representative Silvey James Simpson again asking the council to leave the old cemetery at Hall Road and Hwy. 92 intact. Homan representatives disagreed, saying the cemetery would be a good fit if relocated approximately 150 feet closer to Hwy. 92. The site, situated on the northwest corner of the intersection of the parkway and Hwy. 92 will be the location of 460,000 square feet of retail space and has the potential for 350 apartments. The planned development spans the area from the parkway and continues north past Hall Road.

Homan representatives insisted the old graveyard would be cared for respectfully and in perpetuity. A new proposal by the Homan group included installing a wrought iron fence around the graveyard and provisions for parking for visitors. The new grave sites would necessarily sit approximately 20 feet higher than the surrounding terrain once needed grading is completed, the developer said.

The city eventually sided with the developer’s position that, under current law, a city can authorize a relocation provided it is done in a respectful manner.

Councilwoman Helen Turner said she had visited the site and asked Simpson why the family let the graveyard remain in an unkept state. Simpson said that under state law it is the owners of the property who are required to maintain a grave site and that the family did not own the property. Simpson apologized for the leaf cover that might be found objectionable.

After the discussion, Councilwoman Shirley Jackson made a motion to allow Homan to move the cemetery, stating that the graveyard was in deplorable condition and appeared to have been neglected for years. Turner agreed. Jackson, Turner and Angelette Mealing voted in favor of the motion. Alisa King, who had originally seconded the motion and later withdrew it, voted against the motion, citing her belief that an alternative would be more appropriate.

Simpson said after the meeting he disagreed with the interpretation offered by the developer and agreed to by the city council. He openly wondered under what circumstances or degree of care council members would have been willing side with the family. How many leaves and twigs would be acceptable to be resting atop a very old gravesite? he asked. What is their criteria and where do they draw the line, he added. Simpson said similar family graveyards are found all over America. They are usually kept in a natural state and most do not have headstones or even markers. The difference, Simpson said, is that most of those sites are not in the crosshairs of developers.

“I can’t afford to fight it. They have deep pockets and we don’t have the resources to fight them,” Simpson said. “This is a situation where an absentee landlord trumps human values.”