Grand Forks, North Dakota, cemetery group under financial fire

You have to register for free access to the Grand Forks Herald, so here is the full story, from earlier in the week ... the Herald also came down on the cemetery association's side in an editorial, citing the 1970 state Supreme Court decision protecting cemeteries from assessments, and noting, among other things that cemeteries "tend to be shoestring rather than prosperous organizations."
THE FULL NEWS STORY HERE:
The Grand Forks Cemetery Association asked the City Council to reduce its dike assessments Monday, a decision that could affect assessments for other cemeteries in the city.
The Grand Forks Cemetery Association asked the City Council to reduce its dike assessments Monday, a decision that could affect assessments for other cemeteries in the city.
Cemetery officials appealed the 2001 and 2003 assessments, which association President Gordon Iseminger said was “excessive.” Not only that, he said, a 1970 state Supreme Court ruling said cities can’t special assess nonprofit cemeteries.
City Attorney Howard Swanson said he felt that the ruling was in error and, if the issue were to go to court again, today’s Supreme Court would over turn it.
At this point, the two sides are in a standoff. State law does not allow the city to take possession of a cemetery even if the cemetery did not pay its assessments. If the cemetery doesn’t pay, there’s little the city could do.
Some other cemeteries in Grand Forks also have been delinquent on their assessments. If the city were to decide to grant the Grand Forks Cemetery Association’s appeal, it will have set a precedent for the others. Other property owners in the city would have to bear the burden of the third dike assessment that the cemeteries are not paying.
Council member Curt Kreun said these fees were assessed to everyone else in the city. “We’re all in this together, and we all should pay our fair share.”
If the city decides next week to sue the association to recover the funds, the case could go to the state Supreme Court, according to Swanson.