DUBUQUE MEMORIAL GARDENS INC.

DUBUQUE MEMORIAL GARDENS. One of Dubuque's largest cemeteries, a new section opened for veterans in 1992 had more than 4,000 available plots. It was then news in December, 1992 when it was announced that the state was looking for more than $63,000 from a trust fund set up to maintain graves. Bonnie Campbell, Iowa Attorney General, filed a consumer protection lawsuit against the cemetery's owner to try and find the money. (1)

Iowa law stated that at least 20% of the price of a plot was to be placed in an irrevocable trust that guaranteed perpetual care. Perpetual care cemeteries were also required file an annual report with the attorney general as another protection. (2)

In December 1991 the perpetual care trust money was wired by DUBUQUE BANK AND TRUST COMPANY, the trustee of the money, to a "Donald Leopard Trust" account at a bank in Fort Worth, Texas. Leopard had been ordered earlier in 1992 to pay more than $200,000 restitution for his failure to deposit in a trust payments made by consumers to funeral homes and cemeteries in Des Moines and Ottumwa. It was thought, but could not be proven, that Leopard had sold the cemetery to Kell C. Terry of Hurst, Texas. (3)

The investigation soon widened. State officials revealed that they had originally been investigating the cemetery's prepaid funerals and potential violations of trust fund requirements. Between one hundred and one hundred fifty people were possible victims. The attorney general issued a consumer advisory stating that cemeteries were, by law, required to put 80% of the money from prepaid funerals into a trust. Consumers were advised to call the financial institution to be sure the money was deposited. (4)

In June 1993 Dian Bradbery who had been operating the cemetery without pay was asked by the State of Iowa to manage the cemetery until the financial facts could be determined. Some of her duties included receiving mail, preserving and protecting burial records, maintaining records of consumer payments, and coordinating burials. She was placed under the supervision of the Iowa Department of Commerce's Insurance Division. (5)

Bradberry was still operating the cemetery in October, 1993 as lawyers and judges tried to settle the issue. She was contacted by Terry in June and promised her back wages and $13,000 to operate the cemetery. She never received the money. She was currently receiving $50 per week from the State of Iowa. The cemetery was scheduled to be sold on a foreclosure sale in November. If no one was interested in the cemetery, Bradbery said she along with Gary and Bev Davis of LaMotte intended to bid one dollar and ask that the liens be removed. (6)

The 1970 Dubuque City Directory listed 669 Fischer Building.

The 1985 Dubuque City Directory listed Route 3 Airport Road.

The 1987 through 1989 Dubuque City Directory listed 8209 Jecklin Lane.

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Source:

1. Bagsarian, Tom. "State Digs into Graves Trust," Telegraph Herald, December 11, 1992, p. 1

2. Ibid.

3. Ibid.

4. Bagsarian, Tom. "Pre-Paid Burial Case Goes Deep," Telegraph Herald, February 12, 1993, p. 1

5. Bagsarian, Tom. "Woman to Run Cemetery," Telegraph Herald, June 5, 1993, p. 3A

6. Bagsarian, Tom. "Woman Works Alone to Operate Cemetery," Telegraph Herald, October 3, 1993, p. 3A