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From: "Andi MacDonald" <>
Subject: [Old Bones CEMETERY-L] Sidney Cemetery in Port Orchard, Washington
Date: Sat, 8 Jul 2000 08:20:10 -0700


Hello all,

Sidney Cemetery is back at it. The owner started bulldozing again and the
City of Port Orchard slapped another Stop Work order on them.

In 1999 I submitted a bill which became law in late 1999 whereby anyone
wishing to file a court case by law had to notify The Office of Archeology,
the Washington State Cemetery Board, and the County Auditor's office 60
days in advance of filing a petition. This was not done in this case.
Ergo, the law was not followed, and the judge did not deny the petition.

I was contacted by the Kitsap County Prosecutor's office to see if there
were any reasons the petition should not be allowed and I sent the below
email. Because I heard the owners were back at it, I went to the
courthouse to look at the Peition to Remove the Dedication and found that
the file was being held by Mr. Kevin Howells of the Kitsap County
Prosecutors office. All the Court Clerk could tell me was that the
petition had been granted "with conditions" but I cannot find out what the
conditions are.

If any of you feel so inclined, please contact the Prosecutor's office
(360) 337-4992 and voice your concern over the new law not being followed.
Letters may be sent to the Kitsap County Prosecutor's Office, attn: Mr.
Howells, 614 Division Street, Port Orchard, WA 98366.

-----------------email to Mr. Howells of the Prosecutor's
Office-----------------
Are you aware of the new legislation I
submitted to the state legislature last year which passed by unanimous vote
in the house and senate to further protect cemeteries? If not, here's some
info which directly affects this case.

Substitute House Bill 1951 was signed into law on 17 May 1999 and became
law 90 days later. There are three sections to the law but the one which
affects this case most is Section 2: RCW 68.24.090 and 1987 c 331 s 34
which are each amended to read as follows: Property dedicated to cemetery
purposes shall be held and used exclusively for cemetery purposes...(3)
That notice of the proposed removal of dedication has been given {+in
writing to both+} the cemetery board ({{-in writing}}) {+ and the office
of archaeology and historic preservation. This notice must be given at
least sixty days before filing the proceedings in superior court. The
notice of the proposed removal of dedication shall be recorded with the
auditor or recording officer of the county where the cemetery is located+}
at least sixty days before filing the proceedings in superior court.

This law allows those who need to do research on burials and histories to
do so adequately, and to ensure any and all parties concerned are notified
of an intended lawsuit. I would suggest that this law be used to deny the
petition as a first step.

Then, I would suggest that we meet and discuss other ongoing cases and
their results. I do not charge for my time working on cemetery issues--I'm
a volunteer. Also, I guess I'm considered the expert of old cemeteries in
the state and the laws governing them. If necessary, I'll do research for
a pending case, appear in court as a witness, rally the public, whatever it
takes to ensure the law is followed when someone wants to disinter bodies
and remove a dedication.


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