Judge says Ogden pet cemetery can stay

NEW HANOVER COUNTY, NC — A pet cemetery in Ogden will not be paved over and turned into a parking lot after a partial judgment in New Hanover County Superior Court on Wednesday.

Pet owners last year sued Ricky Coates, the new owner of Walden Pond Pet Cemetery, after he sent letters telling pet owners they had 90 days to dig up their pets’ remains or the land would be developed on top of their graves.

Pet Owner Kim Mowbray says the ruling means they have lifetime rights to the graves of their pets.

Judge W. Allen Cobb handed down the partial judgment that the pets could stay forever, being designated as an easement. His judgment concluded that Coates did not, “conduct a good faith inquiry into the Plaintiffs’ rights with reasonable diligence,” court records show.

According to court documents, Coates’ attorney, Ashley Smith,  filed to drop him as her client for failure to abide by contractual duties.

Mowbray said the owners will go to court September 19 for a jury trial to dispute increased maintenance fees.