Oregon Revised Statutes Chapter 97 § 97.825 — Suits

Suits to enforce endowed care statutes; attorney fees. (1)(a) If the cemetery authority fails to remit to the trustee or trustees, in accordance with the law, the funds herein provided for endowment and special care, or fails to expend the net income from the funds and generally care for and maintain any portion of a cemetery entitled to endowment care, any of the following may bring an action for a mandatory injunction or for an appointment of a receiver to sue for, take charge of and expend the net income: (A) Any three lot owners, or a lot owner’s next of kin, heir or personal representative whose lots are entitled to endowment care; (B) Any one lot owner, or the lot owner’s next of kin, heir or personal representative, whose lot is entitled to special care; (C) The district attorney of the county where a lot described in this subsection is located; or (D) A local government with jurisdiction over the county or municipality where a lot described in this subsection is located. (b) The suit may be filed in the circuit court of the county where the cemetery is located in order to compel the cemetery authority or the appointed receiver to make the expenditure of the net income from the endowment care fund for the purposes set out in ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to