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Midway extends moratorium on cemetery-plot sales while staff clarifies transfer rules

Midway City Council · April 7, 2026
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Summary

The Council extended a six-month operational suspension on cemetery-plot sales and directed staff to research transfer authority and best practices after council members raised probate and beneficiary concerns.

On April 7 the Midway City Council voted to extend for six months the City’s operational suspension on sale and transfer of cemetery plots while staff examines legal processes and potential regulatory changes.

City Attorney McKay Murdock described proposed forms and processes intended to ensure only persons with legal authority can transfer burial-space rights. Council Member Lisa Orme described personal-family title issues she had encountered — plots bought by earlier generations remained in parents' names and probating or reconciling heirs caused delays and confusion. Mayor Craig Simons said spaces unused for 60 years could be reclaimed by the City and supported a limited extension to give staff time to research peer jurisdictions and recommend clear procedures.

Council Member J.C. Simonsen moved (seconded by Kevin Payne) to extend the moratorium for six months and to bring back revised language and additional discussion at the Council's first regular meeting in May. The motion passed unanimously.