Eyler is believed to have been the main on-site caretaker prior to his death last year, after which no new trustee was appointed nor was a new caretaker named.
“The city of Trotwood is pleased with the court’s decision to transfer ownership of Bear Creek to the city because it’s always been our intention to bring it back to a manner of respectability and dignity for the people that are buried there,” City Manager Quincy Pope said Wednesday.
The city filed its complaint against the cemetery association in July, claiming the acre-plus property at 172 N. Union Road, just north of U.S. 35, appeared to be abandoned.
At the time, city officials said they had received numerous complaints from residents concerned that the property was in a “state of disrepair.”
“The city was left with no choice but to file the lawsuit given the number of complaints from concerned members of the public that the cemetery is not being maintained and burial records are unavailable,” Trotwood officials said in a statement after the filing.
The city was quickly granted a temporary restraining order, which allowed the right to secure the cemetery and handle its maintenance and operation pending a court hearing on the matter.
Quincy said the city’s public works department has since cared for the cemetery without issue.
Trotwood also owns and operates the Ehrstine and Cedar Hill cemeteries.
According to Quincy, the city will continue operations at Bear Creek for the time being, but noted there is potential for a transfer of caretaking.
“We’re willing to work with any responsible cemetery professionals that are interested in taking over operations of the cemetery, but in the meantime, we’re going to continue doing the work that we’ve been doing there,” he said.
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