Hearing scheduled for cemetery litigation

Staff Report

A pretrial hearing has been scheduled for a case to determine the owner of Swanton Cemetery on County Road 1-1.

The cemetery is currently owned and maintain by Swancreek Township. Township trustees have contended that, since a large portion of the cemetery is surrounded by property in the Village of Swanton limits, the Village of Swanton should be responsible for the cemetery.

At a meeting with Swanton Village Council and Swancreek Township trustees in late February, Trustee Phil Wiland said they were told by an auditor the township cannot spend money at the cemetery because it is surrounded.

Village officials do not believe the cemetery is surrounded, pointing to a nearly 10-acre property directly south of the cemetery that is not in the village, and a smaller Airport Highway property that borders the cemetery.

Making Swanton Cemetery on County Road 1-1 a union cemetery between the two entities was previously discussed. That has been done at Wauseon Union Cemetery and Ft. Meigs Cemetery in Perrysburg.

But Swancreek Township decided against exploring that idea. On Feb. 6, trustees voted 2-1 not to look into a union cemetery, with only trustee Richard Kazmierzcak voting to examine the idea. Council members voted to further explore the idea.

The pretrial conference is slated for Oct. 4 at 9 a.m. at Fulton County Common Pleas Court in Wauseon. Swancreek Township and Village of Swanton residents may attend on the basis that, as residents, they are a party to the litigation.

Staff Report