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Tennessee closes investigation into South Memphis cemetery, levies minimal fine

The state found the cemetery failed to properly maintain the grounds, but did not find evidence of major violations. One family is seeking further justice.

SHELBY COUNTY, Tenn. — Tennessee is closing its investigation into a South Memphis cemetery with a small fine, and a Mid-South family wants more to be done. 

The family of Canary Hardin laid her to rest at New Park Cemetery in March, and they said problems quickly arose over the maintenance and location of her grave.

“What we thought allegedly was her grave is not even there. We don’t know where she is at all now,” said Donna Payne, Hardin's daughter.

Payne said she’s not sure if her mother’s body is still where it was buried. After initially speaking with ABC24 in May, she filed a formal complaint with the Tennessee state board of Commerce and Insurance.

“I don’t know what to do most of the time, because I feel like she’s not at rest. I’m definitely not at rest, and it’s messing with my mental, it really is. I’m not functioning the way I normally do,” she said. 

The state of Tennessee completed the results of their investigation on Wednesday and found that the cemetery failed to properly maintain the grounds.

“I'm just lost for words. I’m really lost for words. Anyone that has loved ones here, check on them. Do your research,” said Lee Hardin, Payne’s brother.

However, the state did not find evidence to suggest Payne’s mother had been moved or desecrated in any way. The cemetery was fined just under $3,000, and the state considers the matter now closed. The family wants more to be done.

“You can’t tell where one body ends and the next one begins,” Payne said. “I’m hurt, and I'm frustrated that nobody cares about this. Because it’s not just my mom.”

The Hardin family said they are pursuing further legal action to exhume their mother’s body and move her to a different location and are hoping to get in contact with an attorney.

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