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Jones family taking cemetery fight to next level
Published Thursday, March 19, 2009
The Jones family is taking their fight for the family cemetery one step further.
Thomas Haney, Vallie Haney Shipp, Lana Jones Barbaree, Juanita Jones Ralls and Frances Jones Sherrer, all members of the Jones family, filed an official civil suit in the Pike County Circuit Court against Wheelless Realty, Corp. Inc. last month.
This lawsuit stems from an ongoing dispute between Hugh Wheelless and the Jones family over a small portion of land in the middle of some property Wheelless Realty purchased to build the new Oak Park subdivision on Highway 87.
As previously reported in The Messenger, the Jones family was upset because a playground and bathrooms had been built near the family cemetery. Family memes say some of the graves have been lost and some markers had been moved during the building process.
Attorney for the Jones family, Joel Lee Williams said the main goal of the lawsuit is to preserve the integrity of the cemetery, but each separate count seeks something different.
In the recently filed suit, the family has cited eight different counts against Wheelless Realty, including outrage, trespass, criminal act, forcible entry and unlawful detainer, negligence, unlawfully cutting trees or shrubs, declaratory judgment and boundary line.
Among the specific things the Jones family alleges includes: “that the defendants intentionally, willfully and wantonly disturbed, removed, desecrated, injured, defaced, or otherwise destroyed, the tombs, monuments, structures or container of human remains. That such conduct by the defendants is outrageous in character and so extreme in degree as to go beyond all bound of civility and decency and is atrocious and uncivilized.”
The plaintiffs also claim “that such conduct by the defendants intentionally or recklessly” led to emotional and physical distress for the family.
The family also claims that the defendants “without license or consent, have trespassed upon the graves of Plaintiffs family members who were otherwise interred at Jones Cemetery.”
Both the Jones family and Wheelless have claimed rights to ownership of the cemetery.
The family will dispute Wheelless’ “rights, title and interests of the defendants’” ownership.
In addition, the family will ask the court to clearly define the property boundaries between the subdivision and the cemetery, according to the case file.
Wheelless’ attorney Allen Jones could not be reached for comment.
Williams said no trial date has been set because law allows the other party 30 days to answer before another period of exchanging information comes.
“We are trying to get the parties to work together to solve everything,” Williams said.
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Comments
Posted by maestro61 (anonymous) on March 20, 2009 at 12:52 a.m. (Suggest removal)
i thought it was illegal to dig up a cemetary without informing the families,and why Wheeless didn't check with the courthouse about the land before they start digging.
Posted by nevermind (anonymous) on March 20, 2009 at 8:33 a.m. (Suggest removal)
I seem to remember that the cemetary was found when they started clearing the land and that Wheeless put out the word for anyone that had information on the cemetary to come forth. Did I dream that?
Posted by muledeer (anonymous) on March 20, 2009 at 9:07 a.m. (Suggest removal)
The family should be proud to have the aread cleaned up, made very presentable, and more visable to people. Much more opportunity to pay respects to the family members than when it was in the middle of a field. I don't know all there is to know about this matter but it seems that the Reality company has improved that site. Take a ride out there and look for yourselves. If there is an area that was unintentionally desturbed, I would bet they would gladly correct that!
Posted by turtle (anonymous) on March 20, 2009 at 9:16 a.m. (Suggest removal)
Yes a clean family cemetary is a nice thing, however to have someone build a playground and bathrooms on the property for a subdivision is different. There is more info in the articles in the archives on this matter Muledeer. It isn't so cut and dry.
Posted by Jack_Bauer (anonymous) on March 20, 2009 at 12:55 p.m. (Suggest removal)
this matter is dead to me
Posted by OldTimer (anonymous) on March 20, 2009 at 1:32 p.m. (Suggest removal)
I guess morals would be too.
Posted by luvmydoxie (anonymous) on March 20, 2009 at 1:53 p.m. (Suggest removal)
Jack_Bauer is dead to me.......
Posted by WDM (anonymous) on March 20, 2009 at 2:34 p.m. (Suggest removal)
Isn't it a little strange that Wheelless'lawyer is a Jones.And why the paper has never told his side of the story.
Posted by turtle (anonymous) on March 20, 2009 at 2:38 p.m. (Suggest removal)
hmmmm WDM. Are you a conspiracy theorist? Just kidding, I hadn't noticed it until you mentioned it though.
Posted by uglydog65 (anonymous) on March 20, 2009 at 6:41 p.m. (Suggest removal)
Jones is like Smith or Ellis in Pike County, it covers a lot of ground. There are a lot of forgotten family cemeteries in Pike county. My G,G,G, grandfather was buried about 1845 in a small family plot about a mile off a paved road, at the time it was next to a main road.
Point of interest: Pike County use to extend all the way east to the Cherokee Nation and the Georgia state line. Support your local public library.
Posted by Sunny (anonymous) on March 22, 2009 at 3:25 p.m. (Suggest removal)
Planting a few flowers, mowing the yard, pruning a bush, painting a fence - that would be beautification. Moving the fence, pulling out trees, trespassing, unearthing graves and replacing them with restrooms???? Not beautification in my book!! I have been known to pray to the porcelain goddess before but I never intended to find that goddess where once was a grave site of a family member!! "If there is an area that was unintentionally desturbed, I would bet they would gladly correct that!" "They" did know, they do know and have known for almost a year and the only thing they have done is continue to destroy this grave yard and ignore and refused any types of contact that has been initiated to rectify this situation.
Posted by WDM (anonymous) on March 22, 2009 at 4:47 p.m. (Suggest removal)
Sunny,what does the family want them to do,if they unearthed graves etc.what can they do now to make it right.
I am just wondering what can be done.I have been out there and I know an acre is not fenced in as some of you have said was fenced before.But as for the playground and bath rooms I can't see where that should be a problem,as you stated once before most of the family members are from out of town so the bathrooms should come in handy when you are out there.
Posted by Boocat (anonymous) on March 22, 2009 at 7:22 p.m. (Suggest removal)
I think it is a good thing to have a place like this where people can talk about things that are ongoing. It would also be good if they could do a little research and have some good old common sense. That was something that was taught by family members long ago, whether it was parents, grandparents, aunts, uncles or neighbors.
The 3 Sept. 2003, Bar J. Enterprise bought from Mrs. Ezell, except one acre more or less for the Jones Cemetery.
These next few lines are from the Troy Messenger, wrote by a writer whom I am sure got their information from Mr. Wheelless.
In The Troy Messenger 22 Jan. 2007, “Will feature a park developed around a pond & a restored historic cemetery”.
(14 Feb. 2007, a quitclaim deed was bought by Bar J. Enterprises from, Ms. Jordan.)
21 March 2007, Troy Messenger, Two parks, Walter’s Pond & Jones Cemetery Park, built around a restored historic cemetery.
(A permit to build was gotten 21 April 2007.)
31 Oct. 2007, Troy Messenger, Site will include another park with play ground equipment & pavilion. One part of the site was A SURPRISE even for the DEVELOPERS was a small family graveyard that was FOUND on-site during clearing phase. “WE’LL save it”.
24 Jan. 2008, Troy Messenger, Workers began cleaning the area around the cemetery located on the DEVELOPMENT’S PROPERTY. Anyone with information about the cemetery contact Wheelless Development at 334-792-9647.
10 July 2008, Troy Messenger, Jones Park Pavilion & playground a central gathering spot a center for recreation & family events FOR Oak Park Residents & weddings out here one day.
If you will look back, they did the cemetery during a raining spell and no one with a regular vehicle could get in to the cemetery. Calls to the number given were for the most part brushed off or not answered.
This land has been in the Jones family for many, many years and many family members have been placed there, never thinking they would be disturbed. Old cemeteries had cedar trees or other kind of trees planted on the outside land lines, to mark the cemetery. Many people never had slabs or markers. A lot of them marked by mounding dirt over the grave and if family members who knew where these graves were, died and no one came to carry on with the job, then the rain washed the mound away and the grave was lost to site.
Can anyone tell now, if there were graves under where the bathrooms are now? If Wheelless had followed the law and gotten a permit, had the radar done first and gone through the steps he should have, he would not be where he is now. Or he could have talked to the ones who called him and gotten some answers. There is NO excuse for what he has done! He can never fix all the damage and pain he has caused, never. How many would tell him to come to the cemetery where their family is buried and do what he has done to the Jones Cemetery? Remember, you can’t tell him where or what or how to do your cemetery, just as we were denied.
Posted by TFan (anonymous) on March 22, 2009 at 7:48 p.m. (Suggest removal)
If the site was so important to this this family why wasn't it clearly delineated and maintained?? Seems the purchasers tried to solicit information/input but little was offered evidently.
Posted by Boocat (anonymous) on March 22, 2009 at 9:42 p.m. (Suggest removal)
There was a chain link fence around the whole acre and Wheelless took it down. There were cedar trees around the cemetery and Wheelless took them out.
The families that were taking care of the cemetery, had some hard times, with sickness, death, and many other things ongoing for several years.
The bottom line is; if it isn't yours, leave it alone. If it is fenced in, stay out. If you don't know ask and wait for answers. It was on his deed of sale, the cemetery was NOT in the sale. How many can't understand that, when it is on the deed of sale?
Posted by Sunny (anonymous) on March 23, 2009 at 5:37 a.m. (Suggest removal)
WMD, I think Boocat answered most of your questions. My only response, and I don't mean to sound sarcastic but I would not be driving all the way from North Carolina and not stop in at relatives or have a hotel that was not equipped with a bathroom. honestly, I'm not even sure I could enter that bathroom knowing what was doe to my relatives to construct it. You asked what can be done now? I want to know what happened to the bones that were unearthed! Workers said there were bone - are they under the bathroom, thrown in the cement mixer for good measure, carted off to a dump site....where are they "laying at peace now"???????? Where am I to go visit? How does one replant trees that are possible over 100 years old? Where does that one acre begin and end now that all the original markers were removed? Aside from our family, our feelings WHEELLESS BROKE ALABAMA STATE LAWS REGARDING CEMETARIES.
Posted by Sunny (anonymous) on March 23, 2009 at 5:40 a.m. (Suggest removal)
(please excuse typos in previous post - too early in the morning for me - sorry....)
Posted by WDM (anonymous) on March 23, 2009 at 8:32 a.m. (Suggest removal)
Don't get me wrong I respect your feelings about the graves being disturbed.You have everyright to be upset.Also why didn't the workers stop when they saw the bones and report it then,doesn't speak very well for them either.
Posted by Mook (anonymous) on March 23, 2009 at 8:59 a.m. (Suggest removal)
I don't know about this. Before that land was cleared out, all i could see was trees. I don't even know how someone could even get onto the land before it was cleared not to mention having a family cemetary there. I never heard anything about any bones being found. I don't want to disrespect the family in any way but it seems that the plot area was not even being taking care of and why haven't the family did anything before now. If the family knew the plot was there and that the family who once was taking care of it had gotten unable to, then why didn't the family come forward at that time and not wait until someone cleared the land before they voiced there concern. I'm just asking folks.
Posted by Bamabunny (anonymous) on March 23, 2009 at 9:24 a.m. (Suggest removal)
Perhaps the builder and the Jones family can get together and decide on a piece of land where the graves could be respectfully re located at the expense of the builder.
I cannot imagine anyone knowingly building anything on top of a grave yard.
I think it's awful that these graves have been disturbed...and I think all cemeteries no matter how old should be maintained all the time out of respect for those that are deceased.
Posted by OldTimer (anonymous) on March 23, 2009 at 9:39 a.m. (Suggest removal)
Mook, I don't know what is indeed fact, but no matter what the
care (or lack thereof) , there is no justification for distubing a
cemetery(if it indeed did happen). Cemeteries are protected by
law and any type of destruction of a cemetery is just morally wrong. Again, I don't know the facts, but if what Sunny says is
true, then we as a society should be appalled at what took place.
I don't see how anyone in their right mind could support such actions. If the destruction was an honest mistake, then the
offender should approach the desendents, apologize and work
out a solution. If they are going to court then it appears this
hasn't happened. Somewhere along the line we seem to have lost our values and morals. It seems everything is about a dollar which is why our country is in the current economic situation we are in.
Posted by Boocat (anonymous) on March 23, 2009 at 10:59 a.m. (Suggest removal)
I don’t think what has been written is being read. Forget what the family has or has not done.
The DEED Wheelless has, stated the one acre did not belong to the sale! IT WAS NOT HIS!
In Jan., 2007, they talk about parks around a pond & cemetery, also in March 2007!
In Oct. 2007, what a SURPRISE even for the DEVELOPERS a small family graveyard was found on site!!! What a lie!!
In Jan. 2008, the cemetery is on the DEVELOPMENT’S PROPERTY!
In July 2008, it is a Park, Playground, Gathering Spot, and Center for Recreation, Weddings for Oak Park Residents!!
Calls were made by the family and others, to the number given and were for the most part brushed off or not answered.
The State Historical Commissioners were brought in on this and he may be facing charges from them. They told him to have ground radar done on the cemetery, which has been done. He broke the law all the way around, for State and Troy.
There is NO excuse for what he has done! He can never fix all the damage and pain he has caused, never.
Posted by Mook (anonymous) on March 23, 2009 at 11:28 a.m. (Suggest removal)
OldTimer, i was in no way saying that disturbing this grave site was right, my point was why haven' t the family kept up the grave site throughout the years if this meant so much to them, I think this deceased family deserved at least the up keep. It seems to me, and i by no means know the whole story, that the family has deserted it's family grave site for years and now that someone has come in disturbed the deceased they're angry. They have every right to be angry if what Sunny and Boocat say is true but also i think they should be angry with themselves as well for not keeping up the site. I don't know what has or has not been done to destroy or disrupt this grave site but something is not adding up. if the deed "clearly" stated that there was a family graveyard there and his deed does not include the acre its on then how is he able to do anything with it. I don't know what kind of housing will be built in this park and i don't know why a contractor would knowing pay to have several acres of land cleared for the purpose of building houses that has a graveyard on it. I would think this would detour buyers from building a house there. I'm not afraid of the dead but i don't want to open up my back door or windows to a grave yard.
Posted by OldTimer (anonymous) on March 23, 2009 at 12:22 p.m. (Suggest removal)
I agree with everything you said. Someone should have been
doing a better job looking after the cemetery. Maybe access was
blocked(which can't be done legally). Maybe that contributed to
the contractor's damage. However the burden is on the contractor and his survey. At any rate, the contractor should be doing everything in his power to make things right. Hopefully,
that is what they are doing. If the contractor did the damage, he
is liable whether he has a deed or not. Sort of like liability insurance. If you willfully damage your neighbor's property, then
you are liable.
Posted by OldTimer (anonymous) on March 23, 2009 at 12:28 p.m. (Suggest removal)
I wonder if the contractor has title insurance and if it is applicable in this situation?
Posted by oliverfortune (anonymous) on March 23, 2009 at 9:17 p.m. (Suggest removal)
who in hell isued these people a builders permit, or i should say a destruction permit. also why was not their a daily report done on this work, as should have been
regardless as to what kind of shape the cementery was in these people should have never been permitted to start their constructing job till all was absolute clear as towho owned what
Posted by Bamabunny (anonymous) on March 23, 2009 at 9:26 p.m. (Suggest removal)
Amen Oliver
Posted by Sunny (anonymous) on March 25, 2009 at 11:52 p.m. (Suggest removal)
"We" are getting a bit off topic here but this whole situation should make us all think - do you take care of every single grave site of every single relative in your history????? What some have suggested is an impossibility. If it were only possible we would be all over the world taking far better care of where loved ones are laid to rest but that's just an impossibility. BUT that in no way allows anyone to come on to this or any site that does not belong to them and simply do as they please. Imagine taking a very extended vacation and coming home to find someone thought they could just move in and start living there or decide to dig up my whole landscaped yard because they hadn't seen anyone around or thought no one was looking. We could all do a better job of taking care of our loved ones but we all have our failings. Unfortunate for the few who remain in Troy to take care of all our relatives that have passed as many of us no longer live in the area. "We" have left a heavy burden on those living where so many of our family are laid to rest. Many of the old cemeteries aren't modern with perpetual care plans.
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