Grave business

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The Stephen King rulebook is clear about pet cemeteries. You do not want to mess with them.

By breaking that rule, two businessmen in North Carolina have drawn the ire of a group of distraught pet owners. Now, Gary Wells and Ricky Coates are facing a lawsuit and a public relations nightmare.

Coates, the current owner of the Walden Pond Pet Cemetery in Ogden, North Carolina, which lies just outside the city limits of Wilmington, recently sent letters informing the pet owners that they had 90 days to dig up and relocate the corpses of their furry friends before he sold the land.

Coates, being a kindhearted guy, offered to help the owners with the morbid chore, but only if they gave him advance notice and met him at the cemetery on the weekend.

“If your pet was not interred in a container, chances are that the ground has reclaimed the remains and it will not be necessary to remove them, however, if you would like to try to retrieve the remains from the plot, I can attempt but will not guarantee success,” he added in the letter.

One of the pet owners, Kim Mowbray, said a total of 214 pets were laid to rest at the cemetery, including her rhesus monkey, Cassie, and her poodle, Chaff, both of whom remained undisturbed as of last week. However, a couple of graves were already empty.

“A few people have panicked and moved their pets,” Mowbray said. “He [Coates] told one of the pet owners the other day that there’s nothing but bones so take your headstones and leave. … We’re trying to stop this.”

An attorney for the pet owners, Gary Shipman of Shipman & Wright in Wilmington, was still trying to determine how many potential plaintiffs could join in the pending suit, which he said will likely name Coates and Wells as defendants. Mowbray estimated that there are between 20 and 30 owners.

Coates did not respond to a voicemail message and Wells could not be reached. Randy Cox, a real estate agent who has listed the property for Coates, sounded flustered when he answered a call. He described the situation a “mess” and declined comment.

Coates paid Wells about $30,000 for the cemetery and has listed the property for $50,000. Prospective buyers are told that the .64 acre parcel is adjacent to a dentist office and “would be an excellent site for an office building.” The listing notes that the property features a small manmade pond, but makes no mention of what lies beneath the surrounding land.

Wells acquired the land from Barbara and Jere LeGwin, who founded the cemetery in 1990, when the New Hanover County Commission granted the couple a special-use permit, according to Shipman.

He said the LeGwins, who are now in their 80s and not in the best health, gave Wells the land after he indicated that he would maintain the property as a pet cemetery, not sell it off to a developer.

Shipman added that the land was labeled as a pet cemetery on the county plat map that was referenced in the sale to Coates, who wants to have the land rezoned for commercial use.

“We believe under principles of estoppel and express and implied dedication as it applies to real property that the property dedicated as a pet cemetery must continue to be used as a pet cemetery unless it’s abandoned,” Shipman said.

He added that Mrs. LeGwin, whose husband has Alzheimer’s and lives in a residential care facility, feels terrible about what’s happened.

“The LeGwins created this pet cemetery because they’re animal lovers. She is torn to pieces about this because Gary promised her that he would maintain the cemetery and now she believes people are upset with her, “ he said. “I hope the law finds a remedy.”