Abandonment of Cemeteries Statutory Requirements

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WI Court of Appeals – District IV

Case Name: Melvin DeWitt, et al. v. Earl G. Ferries, et al.

Case No.: 2016AP1765

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.

Focus: Abandonment of Cemeteries Statutory Requirements

This case concerns a one-acre parcel of land located within a 204-acre farm, which DeWitt alleged is a cemetery subject to the transfer mechanism in WIS. STAT. § 157.115(1)(c) (2015-2016). The circuit court ordered the transfer of the parcel to the Town of Forest in Vernon County to “manage” the parcel as a Town cemetery under § 157.115(1)(c). The Town of Forest, and Earl Ferries and Paulette Ferries, argue in pertinent part that the court erred in concluding that the requirements for transfer in § 157.115(1)(c) were met because DeWitt failed to prove, and the circuit court failed to make conclusions necessary to satisfy, the statutory requirement that “there exists no association or group with authority to transfer ownership and operation of the cemetery to the town.” We agree with this particular argument, which is dispositive. Accordingly, we reverse the order transferring the parcel to the Town.

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