A Sikeston, Missouri law firm filed a lawsuit August 25, 2005 seeking class action status in Scott County Circuit Court on behalf of Charles Ulmer, Charles DeWitt and Genie Rice against the companies and persons associated with ownership and operation of the Sikeston Garden of Memories Cemetery, Sikeston Memorial Park Cemetery and Forest Hills Cemetery in Morley.
The suit alleges the defendants have failed to maintain and repair the individual plots and the cemetery as a whole as obligated by representing itself to the public as a perpetual care cemetery which maintains a minimum endowed care and maintenance fund.
A hearing is set for October 12, 2005 on the motion for a preliminary injunction to prevent the diversion of funds and other assets of the cemeteries pending the disposition of the case, according to lead counsel for the lawsuit.
"The next step is to ask the judge to certify three classes, one for each of the cemeteries, rather than having thousands of separate lawsuits filed. The request will be entered before the end of this year." said the lawyer heading the lawsuit. Potential members of the class include those who own lots in the cemeteries along with those who have family members buried there, “so the class size will be huge,” the attorney said.
Once classes are certified, they will ask the judge to set the case for trial. Potential members of the class will be notified by an ad in the local newspaper and by a mass mailing.
It is anticipated that money recovered from the defendants will be placed in court-approved trust funds for cemetery maintenance. “Our whole goal in this is to try to make sure these cemeteries are maintained in the future." said the attorney for the plaintiffs.