City of Trotwood gains control of Bear Creek cemetery as legal case continues

The city filed a lawsuit in July against the operators of the Bear Creek-Hillgrove Cemetery, alleging cemetery association trustees have failed to properly care for and manage the site at 172 N. Union Road. The cemetery is just north of U.S. 35 and just west of Madison Lakes.

Soon after, a Montgomery County judge granted a restraining order, allowing the city the right to secure the cemetery premises and gain temporary control of its maintenance and operation, pending a court hearing on the matter.

It was at this July 28 hearing that the court took further action by handing over control of the cemetery to the city until a final judgment is made.

During this period, the city will temporarily close operations until the grounds can be restored, officials said in the release, adding that any prepaid burial arrangements will be honored with supporting documentation.

The city will gain control of all burial records and begin working to restore the cemetery, both administratively and operationally, City Manager Quincy Pope said Tuesday.

“This will take a considerable amount of time,” he said, adding that the city will also pursue title ownership of the land, along with all financial records.

According to the court decision from Judge Elizabeth Ellis, representatives of the Bear Creek-Hillgrove Cemetery association were not in attendance at the hearing despite being served notice.

Documents name Tammy Baker, Donald Eyler, and Terry Hudson as trustees of the cemetery association. Eyler is believed to have been the main on-site caretaker prior to his death earlier this year. Since then, no new trustee has been appointed nor has a new caretaker been named.

Documents show the more than 100-year-old cemetery’s association, created to operate and maintain the site, was a nonprofit charitable corporation registered with the Ohio Secretary of State from 1917 to 1993.

The association was canceled in September 1993 due to failure to renew its registration with the state, an annual requirement for cemeteries. Since then, no complete renewal applications have been submitted.

Those seeking additional information regarding prepaid burial arrangements or general questions can contact city of Trotwood clerk of council Kara Landis at 937-854-7212, or by email at klandis@trotwood.org.