Disinterment for Driveway? Error Pits Cemetery Against Family
In 2014, Shirley Sisco was buried at Pretty Prairie United Methodist Cemetery in Howe, Indiana. Now, the cemetery wants Sisco’s family to relocate her remains by November 1, 2016, the second anniversary of her death.
The reason? A proposed driveway.
According to the cemetery, “Sisco was buried in the wrong location, and . . . the grave and resting place are currently in the way of a planned driveway.” Understandably, Sisco’s family is none too pleased. They have hired an attorney and argue that rather than disinter and relocate Shirley’s remains—which would have the effect of separating her from other family members—the cemetery should change the path of the proposed driveway.
However, whether the cemetery can compel the Sisco family to disinter and relocate Shirley’s remains turns on the interaction between Indiana law and the rules and regulations of Pretty Prairie United Methodist Cemetery.
The local media covering the feud emphasizes that “Indiana law . . . gives a bit more leeway to religious organizations operating cemeteries.” That is true. In fact, Ind. Code Ann. § 23-14-33-3 expressly exempts cemeteries associated with religious and fraternal organizations from many of the requirements that otherwise govern cemeteries in the state. That includes § 23-14-57, which generally requires a member of the decedent’s family to consent to disinterment.
Nevertheless, the Siscos may still prevail. How? Well, religiously affiliated cemeteries enjoy the aforementioned exemption only so far as their rules and regulations conflict with Indiana law. Thus, if Pretty Prairie’s rules are silent as to disinterment, Shirley may only be relocated with her family’s consent. Unfortunately, further analysis is impossible given that the cemetery’s rules are not publicly available. Regardless, now that attorneys are involved, it likely that Shirley’s remains will remain in their present location well beyond the second anniversary of her death.