Families protest church fence surrounding historic Gwinnett County cemetery

Families with loved ones buried at a historic Gwinnett County cemetery protested Wednesday, saying county officials have not adequately addressed their concerns about a fence installed by a church.

"If it's your cemetery, it could happen to you just as easily as it happened to us," said Susan Butler, whose relatives are buried there. "And the buck stops here. We're not going to let this happen."

The families protested outside two county government buildings, including the Gwinnett County courthouse. They raised concerns about the fence and questioned the role of a chief assistant district attorney in the property's sale.

The dispute began after LifePointe United Pentecostal Church purchased property that included Friendship Primitive Baptist Cemetery on Dogwood Road in unincorporated Snellville.

The church's pastor previously said the congregation installed the fence after members complained that they did not want to see the graves while arriving at and leaving services.

Family members have alleged that fence posts were driven into graves and said the fence has restricted access to the cemetery. They hired a ground-penetrating radar expert who identified areas that may warrant further investigation.

"Our historical cemetery deserves respect," Butler said. "It needs to be welcoming to people who want to come and pay their respects to their elders, as all of us have done for centuries. So, we want the privacy fence down."

Lawrenceville police officers responded to the protest outside the county's Code Enforcement office Wednesday. Officers told protesters they could remain as long as they did not block people entering or leaving the building.

CBS News Atlanta requested to speak with a Code Enforcement supervisor. Reporter Daniel Wilkerson waited for 30 minutes, but no supervisor came out to address the concerns.

Wilkerson later spoke outside with a Gwinnett County communications manager, who said she would seek a response from Code Enforcement. The county's Department of Planning and Development later issued a statement.

"When this issue came to our attention, Code Enforcement inspected the property and issued a notice of violation for the height of the fence in the front yard of the property and unpermitted construction on the church building," the statement said. "The height of the fence was reduced to meet our code, and the church is working to obtain a permit and certificate of occupancy for the renovation of the building."

The county said police referred the alleged disturbance of gravesites to the medical examiner under the process established by state law.

"The Medical Examiner's Office determined there was not sufficient evidence to take additional action," the county said. "The issue was then referred to the Georgia Department of Natural Resources, consistent with state law."

Families question sale of property containing historic cemetery

The families then moved their protest to the Gwinnett County courthouse, where they questioned the property's ownership history and sale.

The protesters said Chief Assistant District Attorney John Melvin obtained the property through a quitclaim deed to a corporation he had formed before the latest sale. They questioned whether Melvin had the legal authority to sell the property to the church.

"What did he do with the $400,000 he got? He gave it to his church," Butler said.

CBS News Atlanta contacted Melvin, who said the sale was legal. He said the proceeds went to Camp Creek Church, where he serves as pastor.

Melvin said a former owner of the property, a longtime Camp Creek Church member who has since died, wanted the proceeds to go to the church.

CBS News Atlanta asked Melvin whether the former owner had expressed those wishes in writing.

"Yeah, nothing was in writing," Melvin said.

Melvin declined to disclose the amount of the proceeds.

"I'm not getting into that," he said. "That's not relevant to the story."

The families said they plan to send a demand letter to LifePointe United Pentecostal Church and pursue litigation.

CBS News Atlanta contacted the church's pastor for comment but had not received a response as of publication. When CBS News Atlanta approached him during recent testing at the cemetery, he declined to comment.