Forest Hill Cemetery Company sues 797 lot owners to reclaim unoccupied lots
Forest Hill Cemetery Company of Ann Arbor is suing 797 lot owners who owe more than $1.7 million in required annual assessment fees.
Some of the lots were purchased decades ago, and the cemetery long ago lost contact with those who bought them. The company filed suit to either force those owners to pay dues or allow the cemetery to reclaim the lots and sell them to others.
“The problem is … we’re running out of land, as a lot of cemeteries do,” which is why the cemetery is petitioning the court to reclaim the lots, said attorney Richard T. Graham, who is handling the litigation.
Some of the lot owners owe several thousand dollars to the cemetery, Graham said.
Some of the lots with past due assessments were purchased in the 19th century. In many cases, the cemetery hasn't had contact with the owner or family members of the owner in decades, Graham said.
He said he expects many of the nearly 800 lot owners involved in the litigation — people the cemetery hasn't been able to make contact with — have either moved away or died.
The complete list of lot owners with past due assessments has been published in the Washtenaw County Legal News. Graham said the list is to be published every week for 12 weeks, after which point the Washtenaw County Circuit Court will determine whether the cemetery gets the lots back.
Forest Hill Cemetery Company is suing hundreds of owners of lots.
File photo
An additional 10 lot owners who owe a collective $6,444 were contacted directly by the cemetery, Graham said.
The annual assessments help pay for general maintenance of the cemetery. Every few years, the lot owners have the opportunity to vote on whether to keep the annual assessment, which is currently $16 annually per lot, said Dana Hoelzer, cemetery office manager. The assessment applies to occupied and unoccupied graves, but only unoccupied graves with past due assessments are at risk of being reclaimed by the cemetery, she said.
The 65-acre cemetery at 415 Observatory St. contains thousands of lots, Hoelzer said. A lot is a single gravesite, and a plot may consist of multiple lots.
Graham described the cemetery as being “one of the oldest, most pristine cemeteries in Ann Arbor.”
Since publishing the list, Graham said, the cemetery has only had contact with two of the lot owners — one agreed to pay the past due assessments, and the other no longer wants the lot and has reconveyed it to the cemetery.
Next week will mark the 12th consecutive week of the list’s publication in the Legal Journal, Graham said.
“We don’t really anticipate hearing from very many of these people,” said Bob Foster, a lawyer on the cemetery board and a cemetery trustee. “We’ve had almost no contest … Most of them either pay or we get the lots back.”
If the court determines the cemetery can reclaim the lots, Graham said, there is still a two-year period during which the previous owners of those lots can come forward and agree to pay the late assessments and reclaim the lots from the cemetery.
Graham said the cemetery took similar action in 2003 and “everything went very, very smoothly.”
Comments
Suitsme
Mon, Dec 20, 2010 : 3:45 p.m.
I went to Forest Hills to find the grave of my great grandmother and grandfather and I was given a bill and directions. I paid it because it gives me a link that goes back through the generations. My great great grandparents are also there and I couldn't find the assessments in the Washtenaw Legal Journal/News to find out if any more of my long gone Ann Arborite family's plots are at risk.
sad day
Wed, Dec 15, 2010 : 10:27 a.m.
This very same happened to my family in Isabella Co. MI. Although the lots were purchased in 1874, there had not had a burial on them since 1919. I am a genealogist and the graves in question were located right between my great great grandparents, which I did not want to have strangers buried between them. Coe Township graciously allowed me to prove myself as a descendant, and then gave me ownership of these plots (2). I have no interest in being buried there, but my cousins do. Perhaps Forest Cemetery can try to locate the heirs (by public notice)and give them the same opportunity. I am sure that many may think this is a waste of time however, as a Mayflower descendant, this could be a history lesson not learned in school. Would any of you want to disturb the final resting place of the Titanic descendants? I respect everyone's opinion, but also think that respect should be given to the descendants of family buried in this cemetery
sad day
Wed, Dec 15, 2010 : 10:21 a.m.
This very same happened to my family in Isabella Co. MI. Although the lots were purchased in 1874, there had not had a burial on them since 1919. I am a genealogist and the graves in question were located right between my great great grandparents, which I did not want to have strangers buried between them. Coe Township graciously allowed me to prove myself as a descendant, and then gave me ownership of these plots (2). I have no interest in being buried there, but my cousins do. Perhaps Forest Cemetery can try to locate the heirs (by public notice)and give them the same opportunity. I am sure that many may think this is a waste of time however, as a Mayflower descendant, this could be a history lesson not learned in school. Would any of you want to disturb the final resting place of the Titanic descendants? I respect everyone's opinion, but also think that respect should be given to the descendants of family buried in this cemetery
jns131
Wed, Dec 15, 2010 : 9:55 a.m.
What I find disrespectful is the fact they can dug up dead people do whatever with the remains and throw them away. I do know in New York they bury the bodies on top of eachother. They dig deep enough and pile it on. Sort of. Unless you live in New Orleans and can watch your deceased float by when the tide is high? Otherwise, the puns are getting bad. Sick thought to what really happens to you after you die.
KathrynHahn
Wed, Dec 15, 2010 : 12:13 a.m.
Most cemetery's include the cost of maintenance for the grounds into the price of the grave. Forest Hill has always had this unusual "yearly" dues thing that perplexes me. After the living siblings move or pass away, it is impossible to collect. How many people think, when they are sending out those change of address cards, oh yeah, better send one to the management where Grandpa was buried 14 yrs ago just in case...
treetowncartel
Tue, Dec 14, 2010 : 10 p.m.
If and when I my maker, I have a standing order to call in a local taxidermy, along with a list of people's front lawns I want to be placed on over the years, and a check already signed for this specific purpose. It will make for the best game of "doorbell ditch" this side of the Pecos. In the immortal words of Jerry, Bob, Phil and the rest of the gang, "I will get by, I will survive..."
treetowncartel
Tue, Dec 14, 2010 : 9:41 p.m.
I amn sure this happens at a lot of cemetaries, parents buy the lots for their entire family and then people move on and never make use of it. My grandparents scored their lots, and the ones for their kids, from some friends they played euchre with. It was never clear if they were discounted as a result of a couple too many loaners going their way.
breadman
Tue, Dec 14, 2010 : 7:44 p.m.
The cemetery is doing the best to kick the dead out, because they did not work long enough in there life time. How do you collect from the dead???2
ypsicat
Tue, Dec 14, 2010 : 7:10 p.m.
@Ruth et al. There is usually a small pile of Legal News issues on a table in the first floor lobby of the county administration building (NE corner of N. Main and E. Ann). They appear to be there for the taking.
tidge
Tue, Dec 14, 2010 : 6:04 p.m.
I've heard that people are dying to get into the cemetery.
shepard145
Tue, Dec 14, 2010 : 2:45 p.m.
So an "unoccupied grave" is defined by someone who PAID FOR A PLOT but failed to pay the "maintenance fees"? So the younger you buy your plot, the longer they have your money and the more fees they charge you!? Now the cemetery will start seizing what they sold to these people perhaps decades ago and sell them again to others and start the same cycle over? LOL That is a riot! It sounds like the contract is structured so that a large percentage of the plots they sell to families are taken back - a wonderful scam - even better if Michigan law supports it!! Time to buy some land and open a cemetery!!
Epengar
Tue, Dec 14, 2010 : 2:38 p.m.
I couldn't find the list of owners on the Washtenaw Legal News site either, but much of the site, including "Public Notices," is available only to subscribers. Also, to my surprise, it looks like Ann Arbor District Library doesn't have a subscription. Maybe this is a new site/publication that arose after the Ann Arbor News closed? Anyway, if you really want a copy, you can buy print copies at a bunch of locations around down: http://www.legalnews.com/newstands/
Top Cat
Tue, Dec 14, 2010 : 1:10 p.m.
I wish I could be buried under a local baseball field and could then spend eternity watching children play ball.
Speechless
Tue, Dec 14, 2010 : 12:35 p.m.
"... The assessment applies to occupied and unoccupied graves, but only unoccupied graves with past due assessments are at risk of being reclaimed...." Based on the article, I can well understand why the Forest Hill does this. Nonetheless, I'm intrigued by the ethereal concept that failure of payment in the here & now can lead to homelessness in the hereafter.  Holy purgatory! "... None of this hermetically sealed... for me, thanks." Coffins buried in cemeteries or placed inside mausoleums constitute the closest common Western equivalent of ancient mummification traditions in Egypt and the Andes. It seems preferable to toss ashes into the wind at a scenic, natural locale.
Ruth
Tue, Dec 14, 2010 : 12:19 p.m.
Tried to find the listing of names of delinquent owners in the Legal News, but could not find the listing. Any chance of more specific information/link? I am not interested in subscribing to it.
dading dont delete me bro
Tue, Dec 14, 2010 : 12:08 p.m.
@edward, "...Cemetery Law, if you want to dig up the details..." good one!
dading dont delete me bro
Tue, Dec 14, 2010 : 12:06 p.m.
"...Some of the lots with past due assessments were purchased in the 19th century. In many cases, the cemetery hasn't had contact with the owner or family members of the owner in decades, Graham said..." good luck
Rhondasma
Tue, Dec 14, 2010 : 10:12 a.m.
For those who might have missed it in the text of the story I offer the following quote: "The assessment applies to occupied and unoccupied graves, but only unoccupied graves with past due assessments are at risk of being reclaimed by the cemetery, she said." I don't think the issue of the occupied graves are a matter of real concern.
Bob Roberts
Tue, Dec 14, 2010 : 10:06 a.m.
One question: Most states have a statute allowing for a cemetery to recapture graves after a specific period of time goes by. Usually 99 years or 75 years, depending on the state. It would be worthwhile if someone researched Michigan Cemetery Law to see if that exists there. Never heard of a cemetery company "filing suit" to regain spaces like this. Interesting. According to the way I read the story, the fee is for presold spaces, not occupied ones. So the question is: Is this cemetery company part of a municiple or county government agency? That part was confusing to me. www.cemops.com
jns131
Tue, Dec 14, 2010 : 9:52 a.m.
maeqFREEDOMfree? I told that to my husband just the other day. I don't need it so why bury it? Toss it in the landfill and have a good ole Irish wake on me. I too am curious as to what they are going to with the occupants of the plots. Dig em up? Put em in Potters Field? This is one issue I really wouldn't want to be messing with.
mbill
Tue, Dec 14, 2010 : 9:06 a.m.
Where at the Washtenaw legal news web site is this located? I looked into obtaining unused family lots purchased by long gone family. It requires legal expenses beyond the cost of a new plot.
Dexterdriver
Tue, Dec 14, 2010 : 9:04 a.m.
As historic and interesting as this cemetery is, they have a problem keeping the plots properly maintained. I resent paying the yearly fees when our plot has been continually neglected, with thick poison ivy covering over our markers. The idea of perpetual fees to a cemetery doesn't seem right, especially with the lack of respect this operation seems to hold.
GreenEggsandHam
Tue, Dec 14, 2010 : 9 a.m.
Once I'm gone, just don't stuff me like a trout and put me on the wall.
nowayjose
Tue, Dec 14, 2010 : 8:55 a.m.
I guess in RIP. The "P" stands for Payup ($).
maeqFREEDOMfree
Tue, Dec 14, 2010 : 8:48 a.m.
My body is like a car, once i'm done with it, i don't care what happens. Burn it, break it, chop it up, smash it, stuff it, or part it out.
Killroy
Tue, Dec 14, 2010 : 8:03 a.m.
Burying your dead is wasting land! Unless restricted by religious rights, opt for cremation! So anachronistic to bury folks in this day and age. Especially, when given modern cremation techniques that are available.
Eric S
Tue, Dec 14, 2010 : 7:04 a.m.
I'm curious about the fact that the assessment also applies to occupied graves. How long would the fee be expected? Surely everyone will run out of willing descendants eventually, and some will be buried without any willing successors. Seems a strange system to me.
Ricebrnr
Tue, Dec 14, 2010 : 6:30 a.m.
Bah, take what's useful, burn the rest. Keep me on a mantle or spread me somewhere pretty. None of this hermetically sealed and turning to soup for me thanks.
Susan Montgomery
Tue, Dec 14, 2010 : 6:29 a.m.
so.. what happens after the cemetery reclaims the lots?