Harrisonburg council vacates city interest in alley adjacent to Newtown Cemetery to protect potential unmarked graves

Harrisonburg City Council on June 24 voted unanimously to vacate the city's interest in a 17-foot alley that runs the length of a block adjacent to Newtown Cemetery, after staff and outside researchers presented evidence suggesting the alley area may contain unmarked burials.

City planner Adam (presenter) told council the alley was dedicated under the city's Early Subdivision Act (recorded 1909) and explained that such alleys are public easements while title remains with original dedicator heirs. He said the trustees' next step, if the council vacated the city's interest, would be to petition the court seeking quiet title; only if title is obtained would the trustees then pursue any special-use permit required for cemetery expansion in the R-2 zoning district.

Quentin Callahan, attorney for the Newtown Cemetery trustees, asked council to select staff's Option 1 (vacate the city's interest with no reservation of public easement). Callahan said the trustees planned to pursue quiet-title in court and that, if title were acquired, the trustees would consider limited pedestrian access similar to Woodbine Cemetery but were not ready to proffer specific access terms at this meeting.

Dr. Nash, who led ground-penetrating radar (GPR) surveys for the cemetery project, told council the signatures detected in the alley matched those of known burials elsewhere in Newtown and were corroborated by a historic cadaver dog's hits. "There are several hundred unmarked graves" in Newtown overall, Dr. Nash said, and the patterns seen in the alley are consistent with burial signatures observed in known graves.

Resident Joan Minnick told council she and neighbors have used the alley for decades and raised practical concerns about access to rear yards, lawnmowers and trash pickup.

Mayor Dina Reid said she had served as a trustee in the past and that, given the evidence of possible burials, the city has a duty to protect sacred ground. After discussion, Reid moved to approve Option 1; the motion carried on a roll call vote with Vice Mayor Fleming, Council member Dent, Council member Robinson and Mayor Reid voting aye.

Callahan and staff said a second reading would occur only if the trustees obtain title in court; that later hearing would include mapped locations of any confirmed burials and, if necessary, special-use permit review to authorize cemetery use in R-2 zoning.

Council members and staff discussed alternative options considered by planning staff, including denying the closure to retain pedestrian access, approving the closure with a reserved five-foot public access corridor, or tabling the petition to permit additional research and surveying. Planning Commission had approved the trustees' request in a 4-2 vote; staff recommended denial with conditions to preserve public access pending further confirmation of burial locations. The council opted to vacate the city's interest to allow the trustees to proceed with court action.

The council discussion emphasized protecting potential burial locations and avoiding vehicular travel over areas of possible graves; staff and the trustees said future site surveys and any required permitting would identify exact locations before any development or formal expansion.

Votes at a glance: Alley closing (Newtown Cemetery trustees) ' motion to vacate city interest in the 17-foot alley and allow trustees to pursue quiet title (Option 1): approved, Vice Mayor Fleming Aye; Council member Dent Aye; Council member Robinson Aye; Mayor Dina Reid Aye.

Background: Newtown Cemetery is a long-established cemetery within the city. Staff described three categories of alleys in Harrisonburg (pre-1888, Early Subdivision Act 1888'1928, and post-1928 fee-simple alleys) and said this alley falls in the Early Subdivision Act category, where the city holds an easement rather than fee-simple ownership.

Next steps: Trustees may petition circuit court for quiet-title; if title is obtained the council will consider any subsequent required special-use permit and mapped evidence of burial locations.