The owners of JO-MAC construction Co. of Franklin, TN, have agreed to a voluntary injunction over the termination of an archaic period burial site located in Old Hickory, TN.  The injunction will remain in place until the Appellate court decision is reached in the Williamson County, (Kellytown site) case.

The Alliance learned of the Hermitage Springs site after concerned neighbors in the area became aware of the partial destruction of the burial ground and future construction plans that include the total destruction of this 5000 year old village site.

Attorney Joe McCaleb represents the Alliance in this case.  We approached Joe and asked him to file a response to the contractor’s termination of cemetery order filed in June of this year.

Members of the Alliance voted to file suit in Davidson County Chancery court and ask that we be given “interested party” status in order to voice our objections to the termination order.  Six individuals have asked to be named defendants in this case on behalf of the Alliance.  All of them are either board members or officers of the organization.  In the meantime, Joe contacted the attorney for JO-MAC, Mr. Doug Brace. They began negotiating an agreement that would at least temporarily stop the ongoing disrespectful treatment of the remains by curious artifact hunters and construction workers at the site.  Mr. Brace took our concerns to the owners of the property who agreed to stop any intrusion on the concentrated area that contains the graves of an untold number of individuals.  As of the last week of August, the injunction is in place.

Upon initial inspection, it was discovered that the remains had been scraped up and exposed by heavy equipment clearing the site for the construction of at least six condominium buildings and their parking lots.  The remains became scattered within the dirt that was scraped from the surface and a large pile of earth containing large amounts of bone and small stone artifacts were piled at one side of the site. The contractor, who is responsible for protecting the site, did not follow proper protocol. Nothing was done to protect the integrity of the site until we insisted that the area containing the remains be covered by plastic sheeting, restricting access to the exposed remains.

The property owner has granted permission to three Alliance officers to monitor the site and watch for trespassers and looters.

Our thanks go out to the many concerned neighbors who have been very diligent in watching over the property out of respect for our feelings for this sacred place.

UPDATE !! 2/13/07 Remains are being removed. Some have been reburied. Along with natives remains there are also mixed slaves/native being removed.

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