Hearing set for Sept. 10 on area cemetery lawsuit

By Buck Collier, Special Correspondent
Posted 8/13/20

HERMANN — Gasconade County government officials could move a step closer next month to learning if they have to brace for a potentially significant hit to the operating budget for maintenance …

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Hearing set for Sept. 10 on area cemetery lawsuit

Posted

HERMANN — Gasconade County government officials could move a step closer next month to learning if they have to brace for a potentially significant hit to the operating budget for maintenance of abandoned private cemeteries.

A hearing on a lawsuit centering around the care of what is called the Richardson Cemetery, along Route EE, south of Owensville, is set for Thursday, Sept. 10. The last caretaker of the family cemetery is suing to have Gasconade County take over maintenance of the burial site.

In Owens vs. Miskel, William D. Owens is claiming that state law requires counties to assume maintenance of abandoned cemeteries. Owens, a resident of West St. Louis County, says he is unable to continue to keep the Richardson Cemetery maintained and that there is no one left to be responsible for the upkeep of the burial site. Miskel is Presiding Commissioner Larry Miskel, R-Hermann, the county’s top elected official.

Gasconade County administrators are concerned that if state law indeed requires local government to maintain the cemeteries it could result in a significant cost to taxpayers. The case was filed in August of 2017. Ivan Schroeder is representing the county as independent counsel for the commission.

Northern District Associate Commissioner Jim Holland, R-Hermann, says that in the 200 years since the formation of Gasconade County there might be as many as 300 small abandoned family cemeteries scattered throughout the county. To keep them cleared of brush and grass, and possibly repair damage to the gravesites, could prove to be a substantial expense to taxpayers, officials said.

The case is set to be heard by Judge Daniel Green of Ccole County, who was assigned to the case after the judges in the 20th Circuit recused themselves. The hearing is scheduled for 1:30 p.m. Sept. 10.