Sunday, March 7, 2010

Cemetery Maintenance Lawsuit Update

Just an update on how things are going with the legal proceedings for the Fire Place History Club's cemetery lawsuit—

The Town of Brookhaven responded to our 45-point reply to their first response, in which they had denied owning the cemeteries, claiming that they are privately owned and thus the Town is not responsible. They also denied responsibility for maintenance and care of abandoned cemeteries. They did not address one single point of the 45 points we made demonstrating that the Town is mandated by NYS law to maintain these cemeteries. Instead, they continued pursuing their contention that these are private cemeteries and none of their business.

We answered this second Town response by reiterating our first response and saying that it's irrelevant anyway since the law requires the Town to maintain abandoned cemeteries by "whomsoever owned" in any town.

While it was originally thought that the case would be settled by this Tuesday, March 9, it turns out that's the date on which all final paperwork is due in court. The decision will be made whenever Justice Tanebaum gets around to it, which our attorney Reggie Seltzer doesn't think will be anytime soon. So, we are still in limbo and may have to cancel some of the work we have grant money for Hollis to do.

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