Legal Question in Civil Litigation in Michigan

Michigan Law MCL 128.31 states that when a compaint is made in writting to a board of trustees in a township, setting forth the fact that a private cemetery within the bounds of the township should be removed for specific reasons (including being neglected or abandoned by its owner), the township board of trustees immediately shall instutute proceeding to vacate the cemetery.

My questions are; 1) If after the compaint is made in writing to the township the cemetery is restored by its owner is the township still obligated by law to vacate the cemetery? 2) If the township did not act to vacate the cemetery and was therefore sued to comply with the law and then after the suit is brought, but before the suit is settled the cemetery is restored by its owner is the township still obligated by law to vacate the cemetery?


Asked on 8/14/09, 12:40 pm

1 Answer from Attorneys
Brad Aldrich Aldrich Legal Services

I am not immediately familiar with that specific Code section; but my guess is that it acts, generally, like any other complaint to a court. Certain steps and investigations need to be taken to ensure the complaint is valid. If the problem is remedied before completion of the investigation and the entry of some kind of order, the case becomes moot. At that point, there is probably little one could do to compel the city to vacate the cemetary. If you have any further questions, visit www.aldrichlegalservices.com, and give me a call.

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Answered on 8/19/09, 2:24 pm


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