Attorney Joins Lawsuit Against Closed Pet Cemetery
September 26, 2019
A fifth individual has joined a lawsuit against a now-closed pet cemetery in a complaint that states the business promised care for pets in perpetuity.
Lisa Barnett, an attorney from Oakland County, was granted a motion to amend the complaint on September 19th. Among the new charges added to the lawsuit involving Heavenly Acres Pet Cemetery are counts of fraud or false misrepresentation, aiding and abetting, silent fraud, breach of contract, and common law conversion.
The pet cemetery was leased from Stone Investments, a company based in Illinois. The cemetery closed last September after its lease expired, leaving some wondering what will happen to their pets’ remains. A lawsuit against Linda Williams, who ran the cemetery, was filed earlier this year by pet owners who felt they were tricked by the business as they contend Williams knew Stone Investments was trying to sell the property, yet she continued to sell lots and collect fees after the lease expired.
The amended suit states that the four originally-named plaintiffs and Barnett, the intervening plaintiff, had their pets buried at Heavenly Acres more than 15 years ago. According to court records, Barnett, whose dog passed away in 2002, contracted for and paid a fee for “perpetual maintenance” of her dog’s gravesite, and states in the complaint that she did not know her pet’s remains could be moved or disturbed. The complaint states that Barnett has “suffered injuries and incurred damages” as a result of Heavenly Acres’ false representations. She is seeking damages for products and services she paid for but didn’t receive, as well as lost access to her pet’s gravesite.
Barnett is requesting that the court find Carol Street Park Ridge LLC and Stone Investments liable for aiding and abetting fraud, and to require them to deed-restrict the portion of the property operating as a pet cemetery so that it can be used as such in perpetuity. Barnett is also requesting that the court grant her access to the property to exhume her pet and retrieve the gravesite markers. (DK/JK)