Front page of the Monday Morning paper (The Columbus Republic)!!! Old Cemetery Stalls New Subdivision By John Clark, jclark@therepublic.com A dispute over seven graves in a pioneer cemetery is holding up plans for the second phase of Shadow Creek Farms subdivision southwest of Southside Elementary School. Bartholomew County Auditor Vernon Jewell and Cris West, a descendant of those buried in the mid-1800s cemetery, have unearthed deeds they say show a quarter acre of the property was set aside for the cemetery. Jewell and West would like to see the abandoned gravesite turned over to Columbus Township trustee for maintenance. By state law, township trustees are responsible for maintaining abandoned cemeteries. But Indianapolis-based Crossman Communities Inc., the developer of the subdivision, says the deed is unclear on the location of the cemetery. Crossman also said it owns the property, but is willing to repair and maintain the abandoned cemetery. The lot it proposes setting aside for the cemetery is about 3,000 square feet shy of the acreage in the deed and would include a small park, Jewell and West said. Crossman found seven graves and fragments of headstones last summer after an archaeological study of the area. The gravesite, known as the Lewelling or Lewellyn cemetery, is believed to be the resting place of Thomas Lewelling, his wife, Temperance Chandler Lewelling, and their children. "Just as we stand and mourn our loss of loved ones in beautiful, well-maintained Garland Brook, so once did Mrs. Thomas Lewelling in 1860 stand on this ground as her companion of nearly 40 years was laid to rest," West said. "I'm sure she envisioned his monument to be there, with hers to mark that they once lived and died on this ground." On Deed Since 1870 A phrase in the deed first mentions the cemetery when Thomas Followell sold the property on Aug. 4, 1870, to David Williams. It describes 80 acres, except for 20 acres: "And except for one fourth of acre out of north end of said 80 used as a burying place for the Lewelling family." The phrase was repeated in subsequent deeds including the one signed by Crossman March 13, 2000, when it bought the property from Donald and Deborah Schroer. Jewell has to sign off on the plat plan for the new section to start construction and sales, but said he will not. "We know that Crossman does not own that piece of ground," Jewell said. "I have already told them I will not sign the plat and do the transfer." "They are claiming ground they do not own and the other thing is I do not think they are giving respect to burial ground and the intentions (of the family.)" He has sought the advice of County Attorney Grant Tucker who is still reviewing materials. Sharon Bowling, of Littleton, Colo., is a direct descendant of the Llewellyn or Lewelling family that lived on the property. She said the cemetery should be restored and preserved. "I probably would feel more comfortable with the county and the trustees," Bowling said. "It just seems like something that is not money oriented. Developers kind of like to build and develop and it would be nice if they could develop around it and not right where it is." "I would like, if it were me buried there, for my great-great-great grandkids to find me and where the marker is and have access to that." Vague Description Andy Bowman, attorney for Crossman, said the deed describes the north end of the property, but the graves were discovered almost in the center of the development. He said Indiana Supreme Court precedents indicate that vague descriptions are void. "We didn't think it was an issue there, because of the vagueness of it," Bowman said. Crossman and the previous property owners paid property taxes on the ¼ acre, indicating their belief that they owned the parcel, Bowman said. "You have to keep in mind, Crossman came to this and it was just farmland," Bowman said. "Somebody - presumably a farmer -decided to bury the markers, the headstones, out in the middle of the field. Now that we have found it, we are continuing to try everything we can do to honor and respect the gravesites and observe that area." Jim Van Ness, development/engineering manager for Crossman, said the company plans to erect a fence and a memorial marker, and install a paved path with benches. Previous plans called for a playground, but Van Ness said that was later considered inappropriate. Van Ness said Crossman is willing to contribute to a fund to repair and restore the monuments, broken and deteriorating from years of burial, if that is possible. But Van Ness said the archaeologist hired by the company said the monuments were no longer in a condition to survive being put back in place as is. "We want them back out there," Van Ness said. "My concern is there are fragments and pieces. Quite honestly we don't have as many stones as we do gravesites." Under Crossman's plan, Van Ness said, the homeowner's association would pay for the maintenance of the property. "We wanted to make sure that it was an attractive and respectful manner and make sure it was preserved," Van Ness said. But if the county wishes to take over the property, he said, that would also be acceptable to the company. J. Davis Zellner, the county's chief technical code enforcement officer, said the second phase of Shadow Creek Farms also could be delayed because of Crossman's impending sale to Atlanta-based Beazer Homes USA. The Republic, Columbus, Indiana ~ February 10, 2002, Portions © 2002, The Republic, Columbus, Indiana, © 1998-2002 1up! Software, All Rights Reserved. What do you think? Cris West Columbus, IN

Dear Cris: What a story!!! BTW, have you talked to John Walters about HIS expert opinion on whether these "fragments" are salvageable? Do you have photos of the fragments that John could look at? Lois ======================== ADDRESS CHANGE NOTICE ======================== Due to the bankruptcy of @home cable ISP, after FEBRUARY 16, 2002, my e-mail address will change to LoisMauk@InsightBB.com. However, I have a PERMANENT forwarding address. Please use LoisMauk@usa.net if you experience any difficulty reaching me.

On Mon, 11 Feb 2002, Christine West wrote: > What do you think? An odd situation. If they don't give it to Crossman, then I believe Crossman has been mislead. I wonder just how 'vague' the deed is. I wonder if this was done on purpose? Either way Crossman may get to sue someone. Crossman is definatly thinking about $$$ issues as they should, otherwise the paper wouldn't have pointed out the fact that Crossman paid taxes on that land. The one thing is that if Crossman gets screwed, then the Indiana Supreme Court could ruin the whole thing...if the paper was right and 'vague' deeds are usually ruled null and void. I would do this before anything else: Check to see if Crossman (or their new parent company) has ever done anything like this before. That is have these companies found gravesites and did they really take care of them? The thing is Crossman (or the new company) may have a great history of grave up-keep, whereas if the township of that area may see this as a burden. I think what it will come down to is if Crossman doesn't have it their way they are going to either 1: Sue the family that sold them the land claming they were lied to or 2: Take the deed issue to the Indiana Supreme Court.