Judge delays decision on releasing Burr Oak funds

A judge delayed a decision Wednesday on releasing $450,000 more that attorneys say is needed to reopen a historic black cemetery where former employees are accused of digging up graves to resell plots.

Cook County Judge Martin Agran stood by his decision earlier this week to release $50,000 to the receiver overseeing Burr Oak Cemetery in Alsip. But he delayed releasing the rest of the money as attorneys argue over how it will be repaid. The soonest that the remaining funds could be released is a hearing scheduled for Sept. 22.

Receiver Roman Szabelski, who is handling operations at the suburban Chicago cemetery, is seeking access to Burr Oak's cemetery care trust fund, which the state comptroller's office said had $1.4 million in it as of 2008. Each cemetery in Illinois is required to maintain a fund to pay for upkeep and maintenance.

"Every delay we encounter ... is just leaving the cemetery dormant that much longer," said attorney James Geoly, who represents Szabelski.

Burr Oak's assets were frozen after four people were charged in the alleged grave-reselling scheme that authorities say netted about $300,000.

Cook County Sheriff Tom Dart closed the cemetery in July after declaring it a crime scene. The 150-acre graveyard -- the resting place of civil rights-era lynching victim Emmett Till, jazz singer Dinah Washington and other prominent African-Americans -- remains closed to the public.

Geoly has said the $50,000 will likely be used to rehire about eight Burr Oak employees who were laid off Aug. 14 when the receiver ran out of money. But even if the rest of the $500,000 is released next month, it'll take time to get the cemetery back into working condition, including resodding, repairing roadways, locating gravesites and correcting any unsafe conditions, Geoly said.

The trustee of the trust fund, Bank of America, wants to require that the money be put back into the account as a condition of sale if Burr Oak is ever sold. The current owner, Perpetua Inc., has balked at the provision, saying that state law already requires that the money be restored.

Families who are suing Burr Oak over the alleged wrongdoing have voiced concern about conditions there.

"Right now, we have no one watching the store," said attorney Blake Horwitz, who represents several families seeking class-action status.