Cemetery up against $750,000 in fines

Complaint also seeks to give city ownership

The Kansas Attorney General is seeking nearly $750,000 in fines and restitution from the owners of the troubled Lawrence Memorial Park Cemetery.

Atty. Gen. Phill Kline’s office filed a new complaint Friday in Douglas County District Court seeking $75,000 compensation for 61 individuals who have made payments to the cemetery’s owner, Houston-based Mike Graham & Associates, but haven’t yet received service. The complaint also seeks at least $610,000 in fines for violating the Kansas Consumer Protection Act and about $50,000 that would compensate the city for its services since it was ordered by the court to begin caring for the facility in late May.

Donna Farrier and her husband, David, are due $4,032. Farrier said the new efforts of the attorney general’s office were a step in the right direction, but she still had concerns.

“It would sound better if they could say, ‘yes, Mr. and Mrs Farrier, don’t worry. When one of you die you will be buried without any additional expense,'” Farrier said. “But I do have a good feeling that this is all going to get worked out now.”

The attorney general’s office said the $75,000 for customers was a minimum amount they were seeking on behalf of consumers. The filing indicated the attorney general’s office was still sorting through cemetery records to determine if there were other patrons due money.

Jan Lunsford, a spokesman with the attorney general’s office, said he couldn’t comment on how that process may unfold. State attorneys who filed the case also were unavailable for comment Friday. The complete list of names the office has determined are owed money can be found at www.ljworld.com.

The filing also seeks to give permanent ownership of the property, 1517 E. 15th Street, to the city. City Manager Mike Wildgen said that is a step the city has been awaiting.

“That would go a long way towards helping us with some long-term planning,” Wildgen said.

Wildgen said the city basically was “in limbo” and was in a maintenance-only mode at the cemetery. He said city officials recognized there needed to be major repairs done to the road and the maintenance building but were reluctant to do so until they had full ownership of the property.

The complaint seeks to award the city $10,000 per month for its temporary care of the cemetery and $11,000 for a new mower to maintain the property.

Wildgen said the city is prepared to take over the property. Wildgen has put $75,000 into the city’s recommended budget to care for the cemetery. The city also has kept two former employees of Mike Graham & Associates to help run the cemetery.

Wildgen said he was holding out hope that some money held in trust by the cemetery company could be transferred to the city to help fund maintenance activities. That’s uncertain though. Friday’s filing did not address how much money, if any, remains in the trust funds. The funds have been frozen by the court since late May.

Farrier said much of her optimism about the future of the facility comes from how the city has cared for the property thus far. Several city crews worked overtime to get the cemetery in shape before the Memorial Day holiday.

“They have proved they are sincere by how they jumped in there and worked all those hours,” Farrier said.

Officials with Mike Graham & Associates declined to comment on Friday’s filing. The company in April had reached a settlement with the attorney general’s office to pay 15 individuals about $3,000 apiece related to allegations that headstones weren’t delivered in a timely fashion. It is unclear whether all 15 individuals have received payments.

Judge Robert Fairchild hasn’t yet set a date to hear arguments in the case.