Posted on: Jefferson County Queries Reply Here: http://genconnect.rootsweb.com/gc/USA/Mo/Jefferson/373 Surname: Coleman ------------------------- Here's the text of an article which was published today in the Daily Journal at Park Hills, Missouri, which I thought you all might find interesting since it concerns a cemetery in an adjoining county: ACCESS TO CEMETERY WILL BE DECIDED IN COURT --Washington County residents say they cannot visit family gravesites. By DOUG SMITH\Daily Journal Staff Writer For 38 deceased Washington County residents it's a final resting place. But for several of the families locked out of the small remote, rural cemetery near Cadet, there'll be no rest until they're allowed to once again visit their family members' gravesites. The matter of whether or not to allow public access to the small cemetery off County Road 420 will be heard in Washington County Circuit Court on Dec. 19. It's a civil case pitting the county and Sheriff Ron Skiles against landowners Greg and Judy Coleman. The Colemans reportedly own the property surrounding the cemetery and have locked a gate blocking the entrance. Washington County Prosecuting Attorney John Rupp said Tuesday that the county sheriff became involved in the case due to a subsection of the Missouri Revised Statute regarding cemeteries. The statute states, "The sheriff or chief law enforcement officer of the county in which the abandoned family cemetery or private burying ground is located shall enforce the provisions of subsection one of this section." The case was filed by Skiles and the county on Nov. 22. It asks for a motion for permanent injunction to allow visitors to frequent the former mining company cemetery that now sits approximately a mile from the end of a county road. Rupp said he's dealt with approximately 10 such cases during his time as prosecutor in the county. Until now, all had been settled short of any necessary court action. The cemetery in question is at least 100 years old, Rupp said. It was once owned by a tiff mining company, and holds at least 38 bodies representing some 24 families. The prosecutor said the small land tract sits off the end of Powder Springs Road. The case started with one family's attempts to visit a deceased relative buried in the cemetery. Since then others have come forward voicing concern about not being allowed access by the Colemans. The couple apparently locked the gate leading off the end of the county road some time ago. The matter only surfaced recently when the state statute was brought into play. Section 214.132 of the Missouri Revised Statutes reads that, "Any person who wishes to visit an abandoned family cemetery or private burying ground which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits." Rupp admitted he doesn't know of any legal easement on the Washington County books leading to the cemetery. The land was sold by the mining company decades ago, and if any such easement existed it's likely long gone. As for the Colemans, Rupp said the couple filed an answer to the petition denying the allegations listed inside. Attempts to contact the couple for comment the past two days has been unsuccessful. The Dec. 19 court session is for a trial of motion leading to a resolve of the matter, Rupp said. It's hoped the issue can end then.