Families are left without answers after Lincoln Memorial Park Cemetery in Carson, California closed without notice. According to locals, the gates to the cemetery have been closed for weeks, and there has been no answer from management to any of their calls. Family members, including Valerie Holyfield of Compton, have been prevented from visiting their loved ones for almost a month.
Holyfied told KCAL News, “My daughter’s seven-year anniversary is on the 29th of this month, and I can’t get in. My heart is just totally broken.”
The park’s closure is confirmed on their website, but there is no information on why the park is “permanently closed.” Furthermore, no one, including city officials, was notified of the cemetery’s closing. People only came to that realization when they pulled up to the park one day to see a padlock on the gates.
The city of Carson has gotten involved, as well as the California Cemetery and Funeral Bureau. Both entities have attempted to contact the owners, but have been unable to get in touch with them. Currently, there is a sign posted on the cemetery gates, advising families to file complaints with the state of California.
Are you one of the family members that has a loved one buried at Lincoln Memorial Park Cemetery? This is an unacceptable tragedy that involves many people, and our law firm is here to fight for the victims whose lives have been turned upside down. Please contact Normandie Law Firm to learn about your rights from a class action lawsuit attorney.
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Why was the Lincoln Memorial Park Cemetery Closed?
Sadly, this is the question that no one is able to answer for the many people that have someone buried at this private cemetery in Carson. As we mentioned, the city has tried to contact the cemetery owners, but the phone lines have been disconnected, and no forwarding information is available on their website. Workers are unable to get into the park as well, and the grounds have not been maintained in weeks.
According to public records, Lincoln Memorial Park is a privately owned park that was issued a license to operate in 1998. The license is set to expire in October 2023, but it appears that the owners have simply chosen to abandon the park. Without any notice to the community, family members are left to deal with the emotional turmoil of being separated from their loved ones.
California Laws on Abandonment of a Cemetery
Signs on the padlocked gates of Lincoln Memorial Park have asked people to file a complaint at the state level, and this is correct per the laws that regulate cemeteries throughout California. There are cases where a cemetery can no longer operate, and owners can legally abandon the property. However, the 1940 case of
See Mayes v. Simons
, 189 Ga. 845 established that a cemetery cannot be abandoned when it violates certain rights of the “interested parties.”
Essentially, this is referring to family members of the deceased and their interest in continuing to visit their loved ones. This standard applies to public cemeteries, as well as privately owned cemeteries like Lincoln Memorial Park. Unlike most other kinds of private properties, cemeteries are used for a public purpose, i.e., as a final resting place for people in the community. Thus, they are bound by certain obligations that apply to public entities, like staying open and continuing to operate in the interest of all those whose friends and relatives are buried at the cemetery.
Alternatively, they can make arrangements for the relocation of graves and caskets, but this is a sensitive and complex procedure that must be done with ample notice and input from family members. Just walking away from the operation of a cemetery is a serious legal violation that must not go unpunished.
Can I Sue the Cemetery Owners if I am Denied Access to my Loved One’s Grave?
Yes, family members can sue the owners of Lincoln Memorial Park for closing the cemetery and abandoning their duties under California law. You should certainly file a complaint with the state, but legal representation is another critical step in the road to justice. Actions like cemetery relocation are allowed, but notice must be given to the family members, who have a right to object and take certain actions under the law.
As to what those actions are, the answer is complicated, considering that you do not purchase ownership of the land where your family member is buried. Instead, you are paying for the right to use the land for the purpose of burying someone. But even without ownership of the land, you cannot be denied the right to visit your loved one’s gravesite. In addition, you have the right to expect reasonable notice and a plan of action from the property owners prior to the closure of a cemetery.
In the case of Lincoln Memorial Park, the owners are in clear violation of their duties and must be held accountable for their actions. The pain and trauma they have caused is immeasurable, and we will stand by the victims in their quest for answers.
Filing a Class Action Lawsuit
Our law firm is here to advise you of your rights and legal options, including a class actions lawsuit against the owners of Lincoln Memorial Park Cemetery. The devastation this has caused for family members was expressed by Compton resident Felicia Jones:
“To pull up here and see these gates locked…This is a nightmare. We’re all here because we love our families, so we want to have access to them, we pay to have access to them.”
A class action is a type of lawsuit where an individual (or group of individuals) brings forth a lawsuit on behalf of many victims. We often see class actions with consumer recalls when many people have been injured by the same product. But there are various situations where a defendant (cemetery owner, for example) causes psychological damage and monetary losses to many people at the same time. This is the principle that allows for the family members affected by the closure of Lincoln Memorial Park to file a class action lawsuit.
To learn more about the class action process, please reach out to us and schedule a free consultation with one of our attorneys.
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A cemetery is more than a place to bury the remains of those who have passed away. For most people, it’s a way to memorialize their loved ones and ensure that they are safely put to rest. It’s also important to the community, as many of these places have historical connections that go back for centuries. Lincoln Memorial Park, for example, is one of American’s first integrated cemeteries with burials going back as far as the Civil War.
This is why it’s unconscionable for the owners to abandon their duties and close the property without any notice to the city, state, or the families whose loved ones are buried at the cemetery. A class action lawsuit will ensure that justice is served on behalf of all those who were left without answers or access to their family members.
Ultimately, taking legal action is a big decision that may not be right for everyone. Our goal is to educate you on the laws and available legal options. That way, you can determine if filing a class action lawsuit is right for you. No matter what you decide, you won’t have to worry about any bills from us. The Zero Fee Guarantee provides you with free legal services from start to finish. We receive payment from the defendant at the end of your case, and only if we succeed in bringing you compensation from a successful lawsuit.
Don’t hesitate to contact us if you are being denied access to a deceased family member due to the closure of Lincoln Memorial Park Cemetery in Carson. Our lawyers look forward to speaking with you during a free case evaluation.
