http://www.topix.net/city/kansas-city-ks Tue, Sep. 20, 2005 - Kansas City Star Pages 1B & 3B Metropolitan Section_krdDartInc++;document.write('');if (typeof(krd_topix_property) != 'undefined') {document.write('var topixcats = new Array();');}var topixcats = new Array(); Reasons include overgrowth, trash Kline wants cemetery declared abandoned By DAWN BORMANN The Kansas City Star Attorney General Phill Kline asked Monday that the court declare a Kansas City, Kan., cemetery abandoned and transfer the 120-acre property from its owner to local government. Kline said the petition filed in Wyandotte County District Court is a matter of ghuman dignity.h He cited the cemeteryfs deteriorating condition as his reason to dissolve Memorial Park Cemetery Inc., owned by Medal of Honor recipient Don Ballard. gThere are gravesites that quite literally you canft find. The thatch and the grass clippings have overgrown the gravesite,h Kline said at the cemetery, where he announced the filing. The cemetery opened in 1924 near 18th Street and Kansas 5 and now has more than 12,000 gravesites. On Monday, the grass stood 3 feet high in some areas of the cemetery. Overgrown grass has nearly taken over military hill, where several veterans are buried. But itfs not the only problem, Kline said. Several ground-level gravemarkers are enveloped by thick vegetation and weeds. Trash and debris piles are located throughout the property. Roads needed significant repairs and several fresh burial sites could use more dirt, according to Klinefs petition. Kline acknowledged that the abandonment charge was severe, and one that wasnft taken lightly. However, he said gthe mismanagement of the cemetery is such a glaring nature as to justify the charge of outrageous, unethical, unconscionable and unscrupulous conduct.h Ballard, reached on his cell phone, declined to say where he lives in the metropolitan area, but called the accusations gvicious.h However, he didnft deny that he had been unable to keep up with the maintenance. gIfm terribly sorry and I feel really bad c but it will be corrected,h he said. Ballard, who plans to fight the petition, said three employees mow the grounds five days a week, but cannot keep up, and the struggling business canft afford another groundskeeper. The overgrown grass was especially bad Monday, he said, because a key mower had broken down weeks ago. Kline argued that the problems didnft happen overnight; his office began an investigation more than a year ago. Some consumers have been both disgusted and irate about the shabby cemetery for years. gThis is a grave! This is a grave!h shouted Debra Maloney, pointing to a sunken-in gravesite. She and others with loved ones buried there said they had tried to approach the owner and manager about the problems. In the end, Maloney and others have taken matters into their own hands. gWe bring lawn mowers. We bring weed eaters. We bring shovels. We bring rakes,h she said. Maloney and several others recently collected signatures and started a letter-writing campaign to Klinefs office. Their intent, they said, wasnft for the property to be taken away. Many said they simply wanted better upkeep. Jerri Athey cried as she ripped away thick vegetation creeping across her deceased daughterfs marker. gI just feel like Ifm having to bury her again every time I come here,h she said. She picked the plot for her 2-week old daughter in 1991 so the infant wouldnft be alone. Family members are buried nearby, but Athey says she now wishes that her daughter were alone in another cemetery. Ballard acknowledged sinking headstones at the cemetery. In many cases, he said, the monument company is responsible for those repairs. Cemetery Manager Reed A. Chambers II said family members must pay an extra $35 annually if they want the groundskeepers to trim weeds that are growing over an individual stone. gWhat we wonft do is dismount from the mower and pay individual attention to the headstone,h Chambers said. Ballard said he purchased the cemetery in 1996 and learned quickly that the extra fee is essential to offset costs associated with the specialized care at the sprawling cemetery. The cemetery, he said, has made several efforts to better maintain the grounds. He said he had given up his salary to divert more money into maintenance. Also, Ballard and Chambers argue that the corporation wanted to resurface the roads in 2002 by using money from its perpetual care fund. But the fund is controlled by the secretary of state and the request was denied, Chambers said. Now Chambers said Kline is penalizing the cemetery for problems it tried to correct. gWefre caught between two agencies,h he said. Kline must prove that the owners have failed to take action during the past year. Ballard believes that will be difficult, given that his cemetery is actively burying persons. If Kline is successful, state law mandates that the Unified Government of Wyandotte County and Kansas City, Kan. take over the cemetery. Lawrence recently took over a cemetery when a judge declared it abandoned. The Unified Government manages 11 cemeteries already and Memorial Park would be the largest, said Unified Government spokesman Don Denney. He added that the local government will prepare for the possibility. The cemetery would likely require significant funds to bring it to an acceptable condition. gIt will be a tremendous expense. I canft even estimate right now what the price might be,h Denney said. gThis is one of those unfunded mandates by law.h However, Ballard doesnft intend to give up that easily. gPhill Kline wants to take it and put the burden of this expense onto taxpayers. Wyandotte County canft afford to pay for it,h he said. --------------------------------- First glance ¡ Attorney General Phill Kline is seeking to have a 120-acre cemetery declared abandoned and turned over to the Unified Government of Wyandotte County and Kansas City, Kan. __________________________________________________ Orlena [email protected] wrote: look in the ks.star to day they are going to try and take a cem. over in ks.ks lack of care ----- Original Message ----- From: To: Sent: Thursday, September 15, 2005 12:34 PM Subject: Re: [MO-CEM] OLD OLD Cemeteries > Community service projects, working with the general public and various > churches has kept us somewhat above water. > > The real concern is developers. > Visit our website at: _www.usgennet.org/usa/mo/county/stlouis/dickson_ > (http://www.usgennet.org/usa/mo/county/stlouis/dickson) . > > Without a perpetual care endowment, the cemetery fell victim to abuse, > neglect and vicious acts of vandalism. > > Ernest