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June 10, 2009

Cullman man wants to purchase cemetery

By Patrick McCreless

Dale Lamar is not looking to make a buck. He just wants to ensure his loved ones will be in good hands for the foreseeable future.

“All I want to do is take care of my parents and the cemetery,” Lamar said.

Lamar of Cullman said he wants to purchase Cullman Memory Gardens cemetery and has been trying for months to achieve that goal. Since looking into the matter, Lamar has signed a confidentiality agreement concerning the financial details of the cemetery with the Florida-based Thomas Pierce and Company. Thomas Pierce is the brokerage firm in charge of selling the cemetery.

Lamar also obtained a copy of the contract needed to purchase the property. However, a lack of information has kept him from signing his name on the dotted line.

“I’m trying to find out if I’d be responsible for any liability or plots,” Lamar said. “I’m trying to find out the do’s and don’ts.”

Lamar already has much invested in the cemetery. In addition to his parents being buried there, two of his brothers are buried there. He also owns 10 plots for himself and other family members.

The Alabama Department of Insurance took into receivership and eventually closed Memory Gardens in 2008 after determining the cemetery was being mismanaged by previous owner Mike Graham and Associates.

The U.S. Attorney General’s Office investigated Mike Graham & Associates — which was based in Texas — for criminal acts, but Graham died before any charges could be brought against him.

Since the cemetery’s closing, the department of insurance has had little luck in finding buyers due to the possible financial debt attached to the business. As a result, the cemetery has not been regularly maintained. And because the cemetery is in receivership, only previous plot and crypt sales are being honored. Pre-need services such as grave openings and caskets from Cullman Memory Gardens were lost.

Lamar said the brokerage firm did not know what, if any liabilities might be attached to the purchase. He added that the department of insurance was not sure either.

Lamar said his next steps would be to get some answers from the federal judge overseeing the cemetery case and to get several citizens together to petition the department of insurance to hold another community meeting on the matter.

Last year, the department of insurance held a single meeting at the Cullman County Courthouse to discuss the situation with citizens. Nearly 1,000 people attended.

As a possible solution to the problem, the Cullman County Commission announced last month their plans to establish a Cemetery Rehabilitation Authority board for the county, the main purpose of which would be to manage and maintain Cullman Memory Gardens. The board, which is provided allowed under a 2007 state statute, could manage any neglected cemeteries in the county.

However, during their regular meeting Tuesday, the commission indicated their plan has been delayed, at least for the short term.

Commissioner Doug Williams said the judge overseeing the cemetery case was not in favor of the board idea.

“The judge wants to sell that property,” Williams said. “He would then refund that money to property owners. He’s been trying to do it for four years but with little success. He’s still teetering on wanting to sell it.”

All the commissioners agreed they would rather have a private citizen purchase the property than have a board take it over.

Anyone interested in petitioning the department of insurance for a community meeting on the cemetery can contact Dale Lamar at 287-9712.



‰ Patrick McCreless can be reached by e-mail at patrickm@cullmantimes.com or by telephone at 734-2131 ext. 270.

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