EATONVILLE, Florida — The Southern Poverty Law Center will not appeal a decision by a Ninth Circuit Court judge at the end of 2024 to dismiss a motion by Orange County Public Schools to throw out the group's lawsuit seeking to block the sale of the Hungerford property in Eatonville.

SPLC had filed the motion on behalf of Association to Preserve the Eatonville Community (P.E.C.) and Hungerford descendant Bea Leach Hatler. 

“While we are disappointed that the Court dismissed the lawsuit, our intention is to always act in the best interests of our clients. We have therefore chosen not to appeal the Court’s decision to grant the School Board’s motion for judgment on the pleadings,” said Kirsten Anderson, SPLC deputy legal director for economic justice, in an emailed announcement. “The plaintiffs in this case have been resilient throughout the proceedings. Along with the Eatonville community, they have shown the state of Florida, and the nation, that Eatonville and the Hungerford Property are a sacred part of American history.” 

When the lawsuit was filed, the Orange County School Board was planning to sell the land for a mixed-use commercial development. Hatler, a descendant of Hungerford, said the district couldn’t sell the land because a use restriction is still in place. The sale fell through in March 2024 because the developer did not close on the property, soon after the lawsuit was filed. 

“This lawsuit was about protecting the land and ensuring that the School Board followed its legal duties to safeguard the Hungerford Property, which was set aside by the community of Eatonville and charitable donors, including the Hungerfords — Ms. Hatler’s ancestors — for the education of the town’s children,” Anderson said in the email. “The P.E.C. and Ms. Hatler continue to call on the School Board to return the property to the people of Eatonville so that they may exercise control over their own land for the future benefit of the town.” 

In November 2024, leaders in Eatonville proposed a deal to OCPS to purchase the Hungerford High School property. Eatonville Mayor Angie Gardner said at the time that the city hoped to put a museum, retail spaces and other developments aimed at increasing economic growth on the property. Because of litigation to block the sale, OCPS declined to comment on the proposal at the time.

In his ruling in December 2024, Circuit Judge Chad K. Alvaro denied the motion for judgment on the pleadings because the property was no longer for sale, meaning the court no longer had jurisdiction.

The Hungerford property holds historical significance for Eatonville, one of the oldest African American towns in the United States. Originally part of the Robert Hungerford Normal and Industrial School, the land has long been a symbol of the town’s heritage and aspirations. 

The 100-acre property near I-4, Wymore Road and Kennedy Boulevard is vacant and surrounded by chain-link fence and “No Trespassing” signs.