BENTON, Mo. -- The Missouri Attorney General's Office may be close to relieving Scott County of its charge to maintain the grounds of the Forest Hill Memorial Gardens Cemetery near Morley, Mo.

County commissioners have talked to the attorney for Jackson resident Dale Birk, who has been named by several sources as the buyer in negotiations to purchase the cemetery -- along with two in Sikeston -- from Houston-based Mike Graham and Associates. They've been aware for months that Birk is in negotiations to purchase the cemeteries.

Birk wasn't available for comment Monday, but his wife Teresa said they're just waiting to receive documents from the cemetery owners.

John Fougere, spokesman for Attorney General Jay Nixon, said he couldn't comment on when the deal would be done.

But Presiding Commissioner Jamie Burger isn't getting his hopes too high just yet. Burger said the Scott County government has been told several times a deal was imminent, but it hasn't happened yet.

Court injunction

The county was tasked with maintaining the cemetery in March following a court injunction. The injunction took responsibility for the cemeteries' care away from Graham and Associates following allegations of financial misconduct and fraud. Before the injunction, several complaints had surfaced that Graham had sold burial goods and services that weren't delivered.

Since the local governments took over upkeep, the cemeteries have improved markedly, said Mark McMillion, assistant manager of Nunnelee Funeral Chapel in Sikeston, Mo. Before they took over the cemeteries were poorly maintained.

Now the grounds are cared for on a regular basis and the alleged fraud has stopped.

"Most folks are pleased with the situation as it is right now," McMillion said.

Birk is well-known and trusted in the area, Burger and McMillion said. Burger said the Jackson man has helped the county with pointers in its first foray into the cemetery business.

Recouping money spent

Scott County has filed a $5,707 lien against the property to pay for its expenses in maintaining the cemetery. The county also has $5,000 collected from the sale of plots, money that is waiting to be transferred to the new ownership. Burger said he hopes the new owners will honor the tax lien, but doesn't know what might happen with the state involved in the deal.

Local leaders have been critical of the state government for letting the problems at the cemeteries become so severe that the injunction was necessary.

Because of that, Burger said the county hopes to recoup the money it has spent on upkeep. Burger said county taxpayers shouldn't have to pay for the state government's bungling.

msanders@semissourian.com

335-6611, extension 182