STATE OF MICHIGAN
TUSCOLA COUNTY CIRCUIT COURT
TUSCOLA TOWNSHIP,
A Michigan Municipal Corporation,
Plaintiffs,
V
All known and unknown heirs, devisees, and assigns and any other party having an interest in the buried remains of those persons named in Exhibit 1, or any other person having an interest in the Lots listed in Exhibit 1 and located within the Tuscola Township Cemetery, Tuscola Township, Tuscola County, State of Michigan, said Exhibit 1 being attached hereto and incorporated herein by reference,
Defendants.
T. Seth Koches (P71761)
Attorney for Plaintiff Township
Bauckham, Sparks, P.C.
470 W. Centre Ave., Suite A
Portage, MI 49024
269-382-4500-
Koches@michigantownshiplaw.com
ORDER GRANTING PLAINTIFF TOWNSHIP’S MOTION TO ALLOW
SERVICE OF PROCESS BY PUBLICATION
At a session of said Court held in the City of Caro, County of Tuscola, State of Michigan on this 8th day of June, 2022.
PRESENT: HON., CIRCUIT JUDGE
This matter having come before the Court on Plaintiff Tuscola Township and Tod Fackler, Supervisor of Tuscola Township’s Motion to Allow Service of Process by Publication and the Court having determined that the Plaintiff made diligent efforts to ascertain and locate any party
having an interest in these proceedings; and the Court being fully advised of the premises, finds as follows:
IT IS HEREBY ORDERED that the mail notice is not required as there are no known heirs, devisees, and assigns of all those persons buried in the Cemetery Lots listed in attached Exhibit 1.
IT IS FURTHER ORDERED that any known heir, devisee, or assign of any deceased person named in Exhibit 1, attached hereto and incorporated herein by reference, or any person having an interest in the cemetery lots listed on said Exhibit 1 of the Tuscola Township Cemetery in· Tuscola Township, Tuscola County, Michigan, who may have any interest whatsoever in the disinterment and relocation of the remains of the persons buried in said Cemetery Lots shall file a response to the Township’s Answer to the Township’s Complaint with this Court by no later than September 1, 2022, or take other action permitted by law or comt rule by said date. Failure to do so may result in this Court authorizing the Plaintiff to disinter those buried remains in said Cemetery Lots and relocated the same to another area within the Tuscola Township. Cemetery away from the Cass River.
IT IS FURTHER ORDERED that this Order along with attached Exhibit 1 shall be published once each week for three (3) consecutive weeks as required by MCR 2.106(0) in a newspaper of general circulation in Tuscola County.
Circuit Court Judge
STATE OF MICHIGAN
TUSCOLA COUNTY CIRCUIT COURT
TUSCOLA TOWNSHIP,
A Michigan Municipal Corporation,
Plaintiffs,
V
All known and unknown heirs, devisees, and assigns and any other party having an interest in the buried remains of those persons named in Exhibit l, or any other person having an interest in the Lots listed in Exhibit l and located within the Tuscola Township Cemetery, Tuscola Township, Tuscola County, State of Michigan, said Exhibit l being attached hereto and incorporated herein by reference,
Defendants.
T. Seth Koches (P71761)
Attorney for Plaintiff Township
Bauckham, Sparks, P.C.
470 W. Centre Ave., Suite A
Portage, MI 49024
269-382-4500-
Koches@michigantownshiplaw.com
Exhibit 1:
Identification of graves proposed to be disinterred and re-interred within the Tuscola Township Cemetery
Old Section, Block C, Lot 131:
Decendent Death Year Grave
Susan Perry 1916 B-3
Mary A. Tivy 1876 C-2
Alfred Tivy 1886 C-3
John Perry 1896 D-1
Oliver R. Perry 1881 D-2
Ruben Perry 1867 D-3
Old Section, Block C, Lot 132:
Decendent Death Year Grave
Mary A. Ashdown 1862 A-3
Old Section, Block C, Lot 137:
Decendent Death Year Grave
Mary P. Waters 1865 C-1
Truman Waters 1857 C-2
Old Section, Block C, Lot 138:
Decendent Death Year Grave
William H. Gillett 1865 B-2
Old Section, Block C, Lot 149:
Decendent Death Year Grave
Mary Ann Bellmar 1865 A-3
Don M. Veeder 1952 B-2
Mary E. Veeder 1940 B-3
Anthony Bellmar 1866 C-1
Female Child unknown C-2
William M. Veeder 1929 D-1
Old Section, Block D, Lot 159:
Decendent Death Year Grave
Staples (female) unknown B-3
Staples (male) unknown D-1
The Township intends to disinter the remains of the above-named decedents from their graves and re inter the remains into Lot 59 in the Old Section of the Tuscola Township Cemetery. Specific grave sites will be assigned before reinternment and recorded in the Township’s cemetery book of records and published thereafter.
