Milwaukee County and Froedtert Hospital filed appeals against the Wisconsin Historical Society’s decision regarding the reburial plan for the 831 ancestors exhumed in 2013.
The Division for Hearings and Appeals (DHA) has taken up Milwaukee County’s appeal. (Froedtert’s appeal is more recent and will likely be joined with it.) The case, Milwaukee County v. State Historical Society (DHA Case No. SHS-24-0001) has been assigned to Administrative Law Judge Angela Chaput Foy. The County, the Wisconsin Historical Society, and any other entity wishing to file briefs must do so before the next pre-hearing conference, which is scheduled for January 22, 2025.
Reasons for Appeal
Milwaukee County and Froedtert Hospital cite several reasons for their appeals. While they vary in their wording, they are similar:
- Lack of due process
- Procedural errors
- Misinterpretation of definitions
- Unlawful exercise of discretion (The county, in particular, says that the decision prohibits it from complying with its ordinances and procurement processes.)
These are largely the same reasons the county requested that the Burial Sites Preservation Board review the decision previously. At a meeting of the board held on August 8, 2024, Wisconsin Historical Society Attorney Sarah Larson explained that the request for review, which had been accepted past the deadline, lacked merit. The minutes from this meeting are available on the Wisconsin Historical Society’s website. While both the county and the hospital claim that they were unaware of this meeting, it was publicly announced and several members of the Descendant Community attended.
Our Commitment
As this appeal progresses, the Descendant Community remains committed to ensuring the respectful and dignified reburial of the 831 ancestors who were exhumed. We encourage the community to stay informed and involved as we work to honor the individuals once buried at Milwaukee County Grounds Cemeteries and address the impacts of past actions.