WEST SENECA, N.Y. — Dozens of people visiting St. Matthews Cemetery, owned by Forest Lawn Cemetery, were greeted by grounds crews digging up and reburying graves.
Joseph Dispenza, the president of Forest Lawn Cemetery, said they made the decision to move 220 graves after a portion of land along Cayuga Creek collapsed.
"The section is unstable. That's what's been told to me since Easter Sunday morning. When the professionals tell me it's unstable, we need to move under emergency circumstances," said Dispenza.
However, several families were outraged, claiming they didn't learn their loved ones were being relocated until after the fact.
Now many are threatening to sue.
Attorney Barry Covert told 2 on Your Side it looks they may have a case.
He referenced New York's Not-For-Profit Corporation Law, which specifically addresses burial removals.
Covert said, "They are required to give notice to the families, to the next of kin, for permission to move the bodies, the graves. If they don't receive it then they have to go to court."
Although the president of the cemetery said there just wasn't enough time to notify the families, Covert told us that explanation likely wouldn't hold up in court.
He explained, "It's not a sufficient reason. There are notification requirements and you can certainly have an expedited notification. You can try to call the families immediately."
One exception would be if the cemetery isn't considered a nonprofit, but the website indicates otherwise.
Dispenza said he understands why people are upset. However, he stands by his decision.
He said, "I will continue to act in the best interest of the lot owners to protect their dead and move them to a safe location."
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