Monday, August 30, 2010

Hamlet History Club Wins Cemetery Court Case

On August 20, 2010, New York State Supreme Court Justice Melvyn Tanenbaum issued a decision in the Fire Place History Club's lawsuit against the Town of Brookhaven. His decision required the Town to maintain nine of the ten cemeteries in the Club's July 2009 petition. The 10th cemetery—the "Miller Cemetery"—he judged to still be "privately" owned.

Specifically he:
"ORDERED, ADJUDGED and DECREED that the petition seeking a writ of mandamus is granted. Respondent [the Town of Brookhaven] is directed to provide the assets necessary to comply with the requirements of Town Law Section 291 for such nine cemeteries* within 90 days of service of a copy of this Judgment with notice of entry."

* Rose Family Cemetery, David Hawkins Cemetery, Nathaniel Hawkins Cemetery, South Haven Presbyterian Church Cemetery, Carman Family Cemetery, Hulse Cemetery, Corwin Family Cemetery, Azel Hawkins Cemetery, and Barteau Cemetery.

The full decision may be found here.

The members of the Fire Place History Club are meeting to determine their next steps.

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