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State Takes Action Against Kent County Cemetery; DLEG Requests Attorney General to File Actions Against Chapel Hill Memorial Gardens; Attorney General Obtains Temporary Injunction; Conservator Appointed by the Court

Contact:  Lori Donlan (517) 373-9280
Agency: Labor & Economic Growth


State Takes Action Against Kent County Cemetery - News Release

December 27, 2007 - Michigan Cemetery Commissioner Andrew L. Metcalf, Jr. has requested the Office of Attorney General file a Temporary Injunction and Request to Appoint a Conservator against Chapel Hill Memorial Gardens and owner Robert Nelms.

The allegations include misappropriation of approximately $4.2 million in trust fund monies.

"This action is the most effective way to ensure that consumer investments are protected and secure," said Keith W Cooley, director of the Michigan Department of Labor & Economic Growth, which regulates cemeteries. "After investigating allegations regarding Nelms' investments, we felt we have no choice but to take immediate corrective action."

DLEG, with the assistance of the Department of Attorney General, announced that they have successfully obtained an emergency injunction and the appointment of a conservator to oversee the operations of Chapel Hill Memorial Gardens.

"Today's action is necessary in order to reassure the families and loved ones who are laid to rest at Chapel Hill Memorial Gardens," said Attorney General Mike Cox.  "The conservator will continue to operate the cemetery as well as preserve these vital trust assets."

The temporary injunction and request to appoint a conservator were filed and approved by Judge Thomas L. Brown of the Ingham County Circuit Court earlier today.

"By teaming up with the Department of Attorney General and taking the necessary corrective actions, I am confident that these cemeteries are now in good hands," said Cemetery Commissioner Metcalf.

The court appointed Mark Zausmer of Farmington Hills as conservator to oversee the operations of the cemetery and to conserve its trust assets. 

Members of the public who have questions and concerns regarding the operations of Chapel Hill Memorial Gardens, may contact the Cemetery Commissioner within DLEG's Bureau of Commercial Services at 1-866-913-3534, Monday through Friday, 8:00 a.m. - 5:00 p.m., email BCSCEMETERIES@Michigan.gov, or fax 517-241-9392.

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