Class action lawsuit files over Oakland Cemetery flooding

LAKE MARY, Fla. - Morgan & Morgan has filed a class-action lawsuit stemming from the flooding of graves in the historic Oakland Tildenville Cemetery in Orange County.

Morgan & Morgan filed suit against Pulte Home Company and S&ME, Inc. on behalf of the families who buried loved ones at the cemetery.

The suit alleges that Pulte and S&ME built a second drive into a nearby luxury home development and, because this new drive would flood, they built a culvert to divert all of the runoff water, forcing the water into the cemetery. 

Heavy rain causes flooding at cemetery. (FOX 35 Orlando)

The area was hit with heavy rain in September 2020, which prompted flooding at the cemetery, causing caskets to rise out of the ground.

“It’s really sad and we’re heartbroken,” said Cheryl Bouler Postell, who has several family members buried at the cemetery. “It’s really sad and we’re heartbroken.”

RELATED: Central Florida town apologizes after flooding at historic cemetery

The Oakland Tildenville Cemetery is historic and is home to several generations of African-Americans from the community. 

“For generations, families have been paying final respects to their loved ones by laying their remains to rest in peace with dignity at Oakland Tildenville Cemetery. These families were shocked and horrified to see that sacred ground decorated and deluged with runoff water as if it was nothing more than a sewer or dump," read a statement from Morgan & Morgan. "We will fight to hold everyone responsible for this disgrace accountable – and to make sure no other families ever have to go through something like this again.”

The families are represented by Morgan & Morgan attorneys John Morgan, Kathryn Barnett, Tyler Kobylinski, and Max Karrick.