 Although the county acknowledged its mistake as cemeteries are exempt from property taxes, the sale was final.When a developer applied for a permit to remove the graves, the Buckhead Heritage Society's Wright Mitchell  who practices business litigation, filed a lawsuit pro bono on behalf of Elon Butts Osby, a Bagley descendant whose parents had moved to the city's largely undeveloped northwestern fringe after leaving Macedonia Park.The permit was denied, and Buckhead Heritage adopted the cemetery informally, that is, since the land is still privately owned.