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Circuit Court Dismisses Froedtert and County’s Appeal

Milwaukee County Courthouse (Credit: Asher Heimermann, Creative Commons Attribution 3.0 Unported license)

On May 6th, the Hon. William Sonsay granted a motion to dismiss the appeal from Froedtert Hospital and Milwaukee County. The appeal challenged the Wisconsin Historical Society’s approval of our reburial plan for the 831 ancestors exhumed in 2013.

The appeal questioned whether the approved plan was the best option and alleged that certain less expensive alternatives were not properly considered; the court found, however, that the petitioners failed to provide sufficient legal support or to act within the prescribed timeframe.

We look forward to working with the Wisconsin Historical Society, the University of Wisconsin–Milwaukee, and Forest Home Cemetery & Arboretum to carry out the reburials. Froedtert Hospital remains responsible for the costs, and any further delays—regardless of their source—will only increase the financial burden. The Descendant Community remains steadfast in its commitment to ensuring the ancestors are treated with dignity and respect.

Clarification Regarding Ancestry and Allegations of Misrepresentation

Although the court’s decision was based on procedural grounds, the order references certain assertions that merit clarification:

  1. Ancestry of the 831 Ancestors
    The order states that virtually all 831 ancestors are of Native American descent. Not only do the individual identities of the ancestors remain unknown, their ancestry is not definitively established, as the University of Wisconsin–Milwaukee (UWM) did not perform formal ancestry estimations. Instead, assumptions based on historical records suggest primarily European origins, some African ancestry, and only a few Native American individuals associated with the site.
  2. Alleged Misrepresentation of Alternatives
    The order also references a claim that the Descendant Community’s proposal to the Wisconsin Historical Society misrepresented alternatives by omitting a less expensive plan. This assertion is unfounded. The reburial plan was developed through extensive research, consultation, and careful consideration of all viable alternatives known to the Descendant Community at the time. The proposal reflects a comprehensive and respectful approach, balancing dignity, feasibility, and cost.

Contrary to such claims, the Descendant Community did not omit any bona fide, viable alternatives from its submission. Any suggestion otherwise is misleading and does not accurately represent the thoroughness or intent of our proposal.

We emphasize that all human remains, regardless of ancestry, merit respectful and dignified treatment—the foundation of our efforts and proposals.

Join Us in Honoring Our Ancestors

A man in a Civil War-era uniform holds a folded US flag and approaches a group of seated people
2023 memorial service

The work of respectfully reburying the 831 ancestors is a responsibility that requires community support and involvement. We welcome volunteers who wish to assist with genealogical research, community outreach, and educational efforts. Training and guidance are provided to ensure meaningful and respectful participation.

Financial contributions also play a critical role in covering costs related to the reburial process and ongoing care. Your donations help ensure that the ancestors are honored with the dignity and respect they deserve.

If you wish to support this important work, please contact us or visit our website to learn more about volunteering opportunities and how to make a donation.

Together, we can honor the past and build a legacy of respect and remembrance for generations to come.

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Honoring Black History: The Untold Story of African American Burials at Milwaukee County Poor Farm Cemetery

Black History Month - Milwaukee County

As we celebrate Black History Month, we reflect on the resilience, struggles, and contributions of African Americans throughout history. One lesser-known chapter of Milwaukee’s Black history lies in the story of those buried at Milwaukee County Poor Farm Cemetery 2—a final resting place for the city’s marginalized residents between 1882 and 1925.

During this period, Milwaukee’s Black population steadily grew, driven by the Great Migration north. In 1880, only 304 African Americans lived in the city. By 1910, that number had risen to 980, and by 1930, it had reached 7,500. However, despite making up a small fraction of the city’s population at the time, African Americans were disproportionately buried in the county’s poor farm cemetery.

Of the more than 7,000 people interred at Cemetery 2, just over 150 were African American. While Black residents accounted for only 0.39% of Milwaukee’s population on average during this period, they represented 2.58% of those buried in this cemetery—meaning they were laid to rest here at a rate 6.6 times higher than their White counterparts. This stark disparity raises questions about racial inequities in healthcare, economic status, and burial practices during the late 19th and early 20th centuries.

Using a basic estimate of death rates, it appears that 1 in 6 African Americans who passed away during this era were buried in Cemetery 2, compared to 1 in 40 European Americans. This suggests that African Americans in Milwaukee faced significantly greater barriers in securing dignified burials elsewhere, likely due to poverty, segregation, and limited access to family burial plots.

Understanding these burial patterns helps us recognize the broader social conditions that shaped Black life in early Milwaukee. Honoring those buried at the Poor Farm Cemetery means acknowledging their struggles and ensuring that their stories are not forgotten. As we commemorate Black Heritage Month, let us continue to shed light on these untold histories and advocate for the respectful remembrance of all who came before us.

We invite you to learn more about Black history in the United States and Milwaukee County.

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Froedtert Appeal in Circuit Court Delays Reburials

Froedtert Hospital is continuing to fight the Wisconsin Historical Society’s decision approving our reburial plan for the 831 ancestors exhumed in 2013. Unfortunately, this means the reburial of the ancestors housed at the University of Wisconsin–Milwaukee will remain on hold until the pending appeal has been resolved.

After the Division of Hearings and Appeals dismissed their appeal on January 10th, finding that it did not have the authority to hear the case, Froedtert and the county filed an appeal in Milwaukee County Circuit Court on February 10th. The case, Milwaukee County et al. vs. Christian W. Overland et al. (2025CV001230), has been assigned to the Hon. William Sosnay. While there is not a set timeframe, it is not likely to be concluded quickly.

Milwaukee County Courthouse (Credit: Ed Bierman. Creative Commons Attribution 2.0 Generic license)

Froedtert Hospital has raised concerns about the cost of our reburial plan, citing it as “too excessive;” the costs, however, are reasonable and reflect careful consideration of several factors. Finding a place for 831 individual graves within a single area in Milwaukee County was no easy task, and we are confident in our choice of Forest Home Cemetery & Arboretum.

Our plan includes not only the initial cost of reburial but also perpetual care, which will involve ongoing maintenance and upkeep of the graves long after we are gone. This is expected and required for cemeteries in Wisconsin, ensuring the graves remain secure, well-maintained, and accessible to future generations.

The cost of our reburial plan is directly tied to when the reinterments are completed. The more time that passes before the reburials take place, the lower the cost will be for each grave. Froedtert will ultimately bear the increased costs, as they are responsible for paying regardless of when the reburials occur.

Next Steps

Our community is committed to ensuring that every person who was exhumed in 2013 receives the respect they deserve. We are not just fighting for ourselves; we are fighting for the values of our ancestors and the people who built Milwaukee County.

“Our direction at this time is to wait for these court things to happen,” Descendant Community President Judy Houston said. “It is really unfortunate. I’ve been very sad that these people will not be reburied this year.”

Despite this delay, we continue telling our story. We will also continue our genealogical research, identifying veterans and others with the hope of re-uniting them with their families.

Join Us

Join us in this fight for dignity and respect. Donate now or contact us to volunteer to help us honor our ancestors and ensure their legacy continues to thrive. Our community relies on volunteers like you to help us identify veterans and others who deserve reburial; training is provided, and we invite you to join our team!

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Burial Sites Preservation Board and Conflict-Free Membership

The Burial Sites Preservation Board (BSPB) is a crucial institution in Wisconsin responsible for administering the state’s laws related to ancestral remains. The board was established to promote respect, dignity, and transparency in the handling of ancestral remains, particularly those of Native American ancestors. The BSPB plays a vital role in determining which individuals or groups have an interest in cataloged burial sites, reviewing decisions made by the Wisconsin Historical Society and the Department of Administration, approving transfers of burial sites from municipal to private ownership, and reviewing the director’s decision to rebury ancestral remains or transfer them to the custody of members of the Registry of Interested Persons.

Membership

The BSPB is attached to the Wisconsin Historical Society and has several ex officio members:

The BSPB also has six members appointed by the governor:

The Need for Conflict-Free Membership

Conflicts of interest can undermine the integrity of the BSPB’s decision-making processes, potentially leading to a lack of respect and dignity for individuals represented by ancestral remains. It is essential that BSPB members do not have conflicts of interest that could influence their decisions, as this would compromise the board’s ability to fulfill its purpose.

Appointments and Conflicts of Interest

We urge the Governor of Wisconsin to ensure that BSPB appointments prioritize conflict-free membership:

  • Prevent affiliations with institutions handling exhumed ancestral remains among BSPB members.
  • Mitigate the risk of conflicts of interest impacting decision-making.
  • Preserve the board’s reputation for integrity and credibility.

By prioritizing conflict-free membership, the state can ensure that the BSPB continues to fulfill its critical role in promoting respect, dignity, and transparency in Wisconsin’s handling of ancestral remains.

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Explore Our New Digital Veteran Memorials

Last November, we embarked on a mission close to our hearts: to honor our veterans with the dignity and recognition they deserve. Our journey began with the commemoration of six veterans whose stories had long been buried in the Milwaukee County Grounds Cemeteries, where neglect and anonymity often overshadowed their contributions. Through tireless research and collaboration with local historians and genealogists, we unearthed the remarkable tales of these overlooked heroes, spanning from the Civil War to the Spanish American War.

Today, we are excited to introduce our latest endeavor: our new digital veteran memorials. These memorials stand as a dynamic tribute, inviting visitors to delve into the lives of these veterans in a personal way. Users can connect with these forgotten heroes, gaining insight into their military service, personal struggles, and unwavering courage.

However, our mission is far from complete, and we need your help to continue our efforts. We are calling on individuals who share our passion for honoring veterans to join our veteran project research team. Whether you’re an experienced genealogist or new to the field, your contribution is invaluable. Training will be provided for those who are new to genealogy, and together, we will recognize the heroic soldiers who remain hidden at County Grounds. Please contact us to be connected with our genealogical team.

Additionally, as a nonprofit organization, we rely on the generosity of donors like you to sustain our work. Your donation will enable us to fund genealogical subscriptions and pension files required for ongoing research and outreach efforts, ensuring that the legacies of these overlooked veterans are preserved for future generations.

With your support, we can shine a spotlight on these forgotten heroes, ensuring that their sacrifices and contributions to our nation are never overlooked or forgotten. Together, let’s give these veterans the recognition they deserve and ensure that their stories are told for years to come.

Thank you for your unwavering support.

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Milwaukee County and Froedtert Hospital Appeal Reburial Decision

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.

Photograph of the Center for Advanced Care in the background.
The 831 ancestors were disinterred to construct the Center for Advanced Care building

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.

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Descendant Community to Oversee Reburial of 831 Ancestors

In April 2024, the Descendant Community of Milwaukee County Grounds Cemeteries, Inc. was awarded the responsibility for the dignified reburial of 831 ancestors exhumed from the Milwaukee County Grounds Cemetery 2 in 2013. While a small DNA research project was proposed, the Wisconsin Historical Society (WHS) determined it was not appropriate for this disposition.

Following a review process, WHS Director Christian W. Øverland finalized the decision on September 9, 2024. The remains will be transferred to Forest Home Cemetery & Arboretum, with reburials starting as early as November 8, 2024, and concluding by September 2025.

With this celebratory news, we conclusively share:

  • Our descendant community’s voice has been recognized!
  • We received the award for dignified reburial.
  • The remains will no longer be used for research but will be laid to rest at Forest Home Cemetery.
  • There will be a memorial/monument at the new burial site.
  • Froedtert Hospital, as the disturbing entity, must pay the cost associated with the dignified reburial, including a marker to honor the reinterred individuals.
  • The award includes a 1-year interment plan, providing quick resolution (not a drawn-out process).
  • This dignified reburial disposition may create a future pathway for other County Grounds burials beyond this specific award.
A grass field with trees and a storage shed in the background.
Section of Forest Home Cemetery & Arboretum which will be the reburial ground of 831 ancestors disinterred in 2013 from Cemetery 2

Support Our Efforts and Future Projects

In addition to this good news, our researchers have also identified three more veterans previously unrecognized for their service. Due to our focus on the reburials, we will not hold a Veterans Day event this year, but we look forward to honoring these veterans with you in 2025.

While Froedtert Hospital is covering the costs of the reburial, we rely on the generosity of the community to fund essential overhead and future initiatives, including the Veterans Day event in 2025. Your donations are crucial to help us preserve the memory of those buried at Milwaukee County Grounds Cemeteries and to support our ongoing efforts, including the recognition of these veterans and the creation of memorials.

Please consider making a donation to support the Descendant Community’s mission. Every contribution—no matter the size—helps us honor our ancestors and ensure the success of future projects.

Explore our updated website to donate, learn more about our projects, check out our publications, find answers in our FAQs about the reburial project, and more.

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2023 in Review

A man speaks outdoors. There are flags on his sides and there are people around him. To the side of the US flag is a honor guard dressed in Civil War uniforms.
2023 Veterans Day Event

Dear Supporters,

Wishing everyone a happy, healthy, and safe holiday season! Set a moment to spend time with those dear to you and reflect on the past year shared together.

Isn’t it amazing how much can change in just one year?

From our first meeting to the formal establishment of our nonprofit, we’ve devoted ourselves to preserving the legacies of those once buried at Milwaukee County Grounds Cemeteries. Our non-profit is dedicated to the restoration of a dignified final rest for the largest and longest-held “collection” of exhumed human remains from a cemetery in the United States. Our mission is to provide programs and projects serving the individuals and families whose ancestors found their eternal rest at the County Grounds.

In August, our community took a significant step submitting a 264-page final disposition proposal for 831 individuals exhumed in 2013 – in response to the Wisconsin Historical Society’s request. This proposal, centered on identification and dignified burial, stands as a beacon of respect and remembrance for those who came before us. While awaiting the Wisconsin Historical Society’s decision, we’ve tirelessly continued our efforts, researching and embracing the life stories of these remarkable individuals.

Our journey has seen several milestones. September marked the launch of our website, fostering engagement with descendants and community members who share our passion. Your support on Veterans Day made a touching tribute possible for six soldiers, granting them the Veterans Affairs headstone memorials they rightfully deserved over a hundred years ago.

Your generosity enabled us to finance:

  • Acquisition of veteran pension and service files which provide documentation required for securing headstones
  • Veterans Day event insurance and printed programs
  • Subscriptions for our website and communications platforms
  • Research and outreach efforts to soldier descendant families

This overwhelming support ensured a fitting tribute on Veterans Day, all due to the generous help of many volunteers and organizations.

A man in a Civil War uniform holds a folded US flag and walks to approach a man sitting before him. In the background are US and military
A US flag is presented to a descendant of 2023 Veterans Day Event

Your belief fuels our progress. As the year ends, we seek your valued support to ensure these legacies endure. Generosity has already made a tangible difference, but there’s still much to be done. Please consider making a year-end donation to support our ongoing initiatives or consider joining our team as a volunteer. Together, we can preserve history, honor lives, and create a lasting legacy of remembrance.

To donate financially, please visit the Donate page.

Looking to contribute your time and join the team? We have several opportunities for volunteering:

  • Genealogical Researchers work with our research team to help find our courageous veterans once buried at County Grounds. These efforts lead to recognition of valiant soldiers with headstones and connecting their life stories with living family. Training provided.
  • Publicity Representatives work with our PR team to communicate about our descendant community, with the goal of creating public awareness.
  • Grant Writers help pursue funding sources to support existing and planned program activities as well as assist in the development, writing, and submission of grant proposals.

Checkout the timeline of the year below and our appearance in the media to learn more about what we’ve achieved in just twelve months. Please contact us if you want to volunteer or to learn more about what we are working on.

Thank you for being an integral part of our journey. Your kindness and support truly make a world of difference.

With gratitude,

Judy Klimt Houston, President

Timeline of the Year

  • January 2, 2023: Kickoff meeting with 15 attendees
  • March 2023: Dr. Raquel Fleskes presents research study showing that DNA collection from ancestors buried over 100 years ago can be matched to modern-day descendants. Community votes to approve goal of identification research followed by reburial.
  • April 2023: Formalized Descendant Community Association. Board elected.
  • June 2023: Wisconsin Burial Sites Preservation Board (WBSPB) approved the Descendant Community application to the Registry of Interested Persons for the cemeteries at County Grounds in the “Cultural” category (second-priority interest).
  • July 2023: Formalized Nonprofit Incorporation. Directors added. 45 supporters expressed interest in ongoing engagement with the Descendant Community.
  • August 2023: Responded to request from Wisconsin Historical Society for final disposition for 831 individuals exhumed in 2013. Descendant Community submitted a 264-page proposal focused on goals of identifying the ancestors by DNA testing and providing respectful, dignified reburial at Forest Home Cemetery.
  • September 2023: Descendant Community Website launched. Within a week of creation, engagement included contact from descendants and interested individuals previously unaware of our community.
  • November 2023: Veterans Day Headstone Dedication Event – attended by more than 90 individuals including direct descendants of the honored soldiers. Declaration of Appreciation received from Milwaukee County Executive. Special thanks to many devoted individuals, Civil War re-enactors, and organizations who supported the event. Purchased veteran pension files donated to Wisconsin Veterans Museum to support their cause.
  • December 2023: Year-end summary provided to 174 interested citizens and 61 local officials.
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Descendant Community Receives Executive Proclamation

The Descendant Community of Milwaukee County Grounds Cemeteries, Inc. received an Executive Proclamation on Veterans Day, November 11th, 2023. This is a significant honor for the organization and a testament to the efforts of the community in honoring the veterans buried in the Milwaukee County Grounds Cemeteries.

The Executive Proclamation serves as a recognition of the community’s efforts to preserve the memory of the brave individuals who have served our nation and as a reminder of the sacrifices made by those who served and their families.

Descendant Community Receives Executive Proclamation
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Memorial Service Planned for Veterans Day

This Veterans Day, join the Descendant Community of Milwaukee County Grounds Cemeteries and our collaborative partners at Milwaukee County Grounds Park to remember our soldiers. This 1.5 hour-long ceremony will take place start at 11am in Cemetery 3 (just north of Bright Horizons at Watertown Plank Rd & 87th St), and is dedicated to paying tribute to these heroes who passed a century ago and were laid to rest at County Grounds.

An annotated satellite image of the the county grounds. Arrows of of Watertown Plan Road on 87th Street lead north to the cemetery. To the southeast of cemetery is marked, "temporary off-street parking". North on 97th Street off of Watertown Plank Road is marked a parking lot. A roadway connects the parking lot to the cemetery.

With care and respect, we will reflect on each soldier’s legacy, ensuring they receive the recognition they deserve.

Event Highlights and an overwhelming thank you shared with:

  • Grand Army of the Republic’s 1917 Headstone Rededication Service
  • Sons of Union Veterans of the Civil War: Camps 1 & 15, and the Ladies’ Auxiliary
  • Company F 29th US Colored Troops
  • Iron Brigade Guard’s rifle salute
  • The Regimental Volunteer Band
  • Camp 1’s bugler: Bill Seaman
  • Local speakers: Andy Gordon; Shawn Rolland; Rick Flowers; Lee Kelley

Our collaborative partners above also include liaisons of Milwaukee County, their Parks Department, Department of Veteran Affairs, Wenta Monument, and the Greater Milwaukee Fire and Police Pipes and Drums. Each have made this event possible.

In case of good weather, bagpiper Tom McKale will conclude the program. This event will proceed regardless of weather conditions, and everyone is welcome. There are no bathrooms on site.

Please bring a lawn chair and join us in commemorating these courageous soldiers.

Your presence and support this Veterans Day are essential in ensuring that the sacrifices of our veterans are remembered and honored.

A printed flyer is available for the event.

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