The removal of Native American burials to clear the way for construction of a Wal-Mart
/ Lowe’s supercenter on Charlotte Pike in Nashville began on February 25, 1998. This
began the destruction of a major Native historical site. When the excavations were
completed in August, 1998, the remains of 154 individuals had been taken from their
graves. 
Empty Graves at the Wal-Mart / Lowe's Shopping Center Development
The developer of this project, JDN Realty of Atlanta, was aware of the presence of the
Indian cemetery before purchasing
the property, but proceeded with their plans anyway. They pushed a zoning
change that would be required to build the center on this property through
Nashville’s planning commission and the city council, despite intense opposition from
the Indian community and residents of the neighborhood. This was accomplished with the
assistance of Councilman Eric Crafton, who supposedly represents the district where the
property is located. Crafton opposed the development at first, then changed his mind and
decided to support it, convincing the city council to approve the necessary zoning change.
Protesters line Charlotte Pike in front of Hillwood
Plaza Wal-Mart, prior to Metro Council vote
JDN filed a "termination of cemetery" suit in Davidson County Chancery Court last October, asking for permission to legally remove the burials from the cemetery (JDN Requests Removal of Burials). Don Yahola, a Native American representative on Tennessee's Archaeological Advisory Council and the president of the Alliance for Native American Indian Rights, filed a motion with the court asking to be admitted into the suit as an "interested person" in order to object to the termination of the cemetery (Indian petitions to halt Wal-Mart).
Tennessee state law defines "interested persons" in a termination of cemetery suit as "any and all persons who have any right or easement or other right in, or incident or appurtenant to, a burial ground ..." (Tennesse Code Annotated (TCA) 46-4-102). Mr. Yahola, as a Native American reresentative on the Archaeological Advisory Council, has certain rights and interests in Native American cemeteries which are defined in Tennessee Department of Environment and Conservation (TDEC) regulations and state law. TDEC Rule 0400-9-1-.04 requires that the Native members of the AAC be notified in writing when a termination suit has been filed for a Native cemetery. State law stipulates that the Native members of the AAC "shall have a right to be present on the site at all times excavation or treatment of such remains is taking place" (TCA 11-6-116). Note the use of the word "right" in the preceding sentence.
If the law defines an "interested person" as "any and all persons who have any right" in a burial ground, and the law gives Mr. Yahola, as a member of the AAC, "a right to be present" when an Indian cemetery is excavated, it is obvious that Mr. Yahola is an "interested person" by definition. Incredibly, Chancellor Carol McCoy ruled that Mr. Yahola is not an "interested person". This decision indicates that Chancellor McCoy does not consider Mr. Yahola, a Native American, to be a person. This is blatant racism at it's worst.
Children's Graves at Wal-Mart / Lowe's Site. Photo at Far Left Was Taken Just Before
Excavation.
Chancellor McCoy's decision not to admit Don Yahola into the suit left no doubt that
the Native cemetery would be terminated, since there would be no one allowed to speak up
in court to contest JDN's contention that the cemetery was abandoned, neglected, and
unsuitable as a resting place for the dead. After the hearing at which JDN's attorney made
their case for the cemetery's destruction, Chancellor McCoy did sign the termination
order, allowing the removal of the burials to proceed.
Copyright 1998 Alliance for Native American Indian Rights