Here is the information I have put together concerning my charges
against the Huntington County Commissioners and Evergreen Meadows, Inc.
This is just the information I will be turning over to the attorney.
I'll let him add the dressing, legaleze, dates, property descriptions,
etc. I plan on asking that Evergreen Meadows be required to replace or
have replaced the headstones per the plat records required to be filed
with the county recorder. I don't expect anything like that to happen
since I'm quite sure the records don't exist. But, it will serve to
prove the point of enforcing the recording of cemetery plat records.
I don't knew when the last burial took place in this cemetery, but I'm
sure it was long enough ago that very little of the remains can now be
found. Since the headstones have been removed and the ground leveled,
there will be no way to determine where the graves were. I'm sure if
this does make it through the court with a ruling in my favor, everyone
will get a stern lecture and then promptly be allowed to continue their
destruction.
Comments or suggestions will be appreciated.
-------------
1. There does now exist on the property formerly known as "The
Huntington County Infirmary" a cemetery as defined by Title 23, Article
14, Chapter 1, section 1, paragraph "a" of the Indiana Code:
IC 23-14-1-1a: "Cemetery" means any land or structure in this state
dedicated to and used, or intended to be used, for the interment of
human remains.
Also, said cemetery has existed on the property identified above for an
undetermined length of time well in excess of one hundred years.
2. It is evident that the property known as "The Huntington County
Infirmary" was owned by the County of Huntington in the state of Indiana
since December 8, 1859.
3. During the month of November, 1997, Commissioners or their legal
representatives, did willingly sell a portion of the property formerly
known as "The Huntington County Infirmary", consisting of 8.5 acres, to
a private organization known as "Evergreen Meadows, Inc." whose intent
it is to build and operate a shelter care facility and juvenile
detention center as profitable ventures on the property. This 8.5 acre
parcel contains within its boundaries the cemetery as described in
paragraph 1 above. Sale of the 8.5 acre parcel of "The Huntington County
Infirmary" property was subsequently approved by the County
Commissioners.
4. With the approval to sell the 8.5 acre parcel of "The Huntington
County Infirmary" property, the County Commissioners have violated or
caused to be violated the following sections of the Indian Code:
IC 23-14-1: The Indiana General Cemetery Act:
Specifically section 4.5 of that chapter, to whit:
A sale of any cemetery or any part thereof or of any related personal
property by a cemetery owner to a purchaser, except the sale of burial
rights, services, or merchandise to a person for his or her personal or
family burial or interment, is subject to the following conditions:
(1) The purchaser is liable for any shortages existing before or after
the sale in the perpetual care fund or endowment care fund required by
section 12 of this chapter or in the escrow fund or trust fund required
by section 14 of this chapter.
(2) The purchaser shall perform all obligations imposed under this
chapter, all obligations imposed under contracts made by the selling
cemetery owner or any prior cemetery owner relating to burial or
interment rights or to the sale of the personal property or services
described in section 14 of this chapter, and any other related
obligations.
And:
IC 23-10-2: Fraternal and other organizations:
Specifically section 19, to whit: Lands conveyed to the board of county
commissioners, by deed duly recorded, for the purpose of a public or
private cemetery, shall be held by such board forever in trust for such
purpose.
5. It is contended that:
(1) The county commissioners did know of the existence of a cemetery on
the property sold to Evergreen Meadows, Inc.
(2) While the original intention at the time of purchase of may not have
included the creation of a cemetery, such cemetery was created while
"The Huntington County Infirmary" property was owned by the county
commissioners causing the county commissioners to become "cemetery
owners" as defined in IC 23-14-1-1(n).
(3) The county commissioners knew of the intentions of Evergreen
Meadows, Inc. and were aware that Evergreen Meadows, Inc. had no
intention of providing for the perpetual care of the cemetery as
dictated by IC 23-14-1-4.5.
(4) Evergreen Meadows, Inc. has committed a class D felony under the
laws of the state of Indiana and those of the United States by
perpetrating destruction of the cemetery contained within the boundaries
of the 8.5 acre parcel illegally sold to Evergreen Meadows, Inc. by the
county commissioners of this county. Evergreen Meadows, Inc. or an
agent thereof has or has caused the removal of the headstones and the
surface leveling of graves in the cemetery.
--
Scott Satterthwaite
Indiana Pioneer Cemeteries Restoration Project State Coordinator
http://www.citznet.com/~ssattert/inpcrp/
Indiana Biographies Project Assistant State Coordinator
http://www.aye.net/~dee1234/indybios/inbio2.html
Huntington County InGenWeb Coordinator
http://www.citznet.com/~ssattert/HiGenWeb.html
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