A Sevier County family is fighting to keep their ancestors' graves undisturbed after a property owner filed a petition to relocate a historic cemetery near Kyker Ferry Road in Sevierville. The Ellis Family Cemetery sits on a roughly 270-acre property and, according to descendant Joshua Anderson, dates back to 1792 — before Tennessee even became a state.
Anderson is a descendant of three generations of Ellis family members buried at the site, with his fourth, fifth, and sixth great-grandparents interred there, as reported by WATE 6 On Your Side. The proposed development on the roughly 270-acre French Broad River property is planned as a commercial resort called Broad River Landing; an 80-acre sports complex featuring athletic fields and an indoor facility appeared in an earlier 2021 master plan, according to WBIR. R. Alexander Johnson filed the petition on behalf of property owner RPD, LP, seeking permission to move the graves to Atchley's Seymour Memory Gardens, per the Tennessee Historical Commission.
Developer Cites Neglect, Family Sees a Path Around It
Developer RPD, LP has filed a petition seeking permission to relocate the graves, per WBIR's reporting. A 2021 master plan for the property outlined the roughly 80-acre sports complex, which included baseball fields, multipurpose athletic fields, and a potential indoor sports facility — and the planning study's concept actually incorporated the existing cemetery as part of a park.
That detail is not lost on Anderson, who believes development could proceed without disturbing the burial ground. He said development could be routed around the cemetery while preserving the past, according to the same WATE account.
Veterans Heritage Group Demands the Cemetery Stay Put
The Veterans Heritage Site Foundation is calling for the cemetery to remain in its original location, after identifying four veterans buried there. Genealogical research conducted by the foundation identified War of 1812 veteran William Ellis; three Civil War veterans are also buried there. Marilyn Childress, president of the Veterans Heritage Site Foundation, sent a letter to the Sevier County Chancery Court on September 5, the same day the foundation's board voted to formally recognize Ellis Cemetery as a Veterans Heritage Site.
In that letter, Childress expressed concern about protecting graves that may lack markers. “This is sacred ground, and we need to maintain it as sacred ground,” she said. Both Childress and Anderson believe developers should change their plans to preserve the cemetery and its history, the station's report notes.
Tennessee Law Sets a High Bar for Moving Graves
Under Tennessee Code Annotated Title 46, Chapter 4, a landowner cannot unilaterally remove graves from private property, according to the Tennessee Historical Commission. Instead, the owner must petition a chancery court to prove the burial ground is abandoned, neglected, or unsuitable for continued use. State law requires landowners to give legal notice to known living relatives of the deceased, but it does not require those relatives to consent before a court approves a relocation — meaning descendants have standing to contest a petition without holding an absolute veto.
Exhuming or disturbing human remains without legal authorization is classified as a Class E felony under state law, while desecrating a burial site carries a Class A misdemeanor charge, per the Tennessee Department of Environment and Conservation.
Case on Hold After Judge's Recusal
The Oct. 8 court hearing was postponed after the judge recused himself from the case, Anderson told WATE. As of Oct. 14, Anderson said he had not yet received a new hearing date. The case remained on hold, with no new judge or hearing date set.
Even if a judge eventually authorizes relocation, the developer must still obtain a formal disinterment permit from the Tennessee Department of Health's State Registrar of Vital Records before any exhumation can legally proceed, per state health regulations. The city of Sevierville has not received any current development plans or concepts from the developer, according to city public information officer Bob Stahlke. City staff will review development plans before they go to the Sevierville Planning Commission for consideration, Stahlke said, though the city could not provide a timeline for the proposed project. Stahlke added that the cemetery dispute is a matter for the private parties and the court system to resolve.
WATE reported that it contacted the property developer and the owner's attorney for comment on Wednesday but had not received a response before publication. For now, the cemetery's future remains unresolved, with a courtroom decision still pending an assigned judge.
