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BROWNSVILLE, TEXAS -- Edinburg Economedes High School teacher Albert Garza was among the 11 victims of a tragic tour bus crash in Mexico on Monday.

Family members said Garza had expressed he wanted to be buried by his mother when he died.

Garza's niece, Amanda Harris, said the family wanted to fulfill his wish and bury him at Villanueva Cemetery off of Military Highway in Brownsville.

But the owners said the cemetery is private and they asked the family for a fee.

Harris said the family offered to pay the $650 with a check, but Villanueva Cemetery demanded cash.

"It was such an ordeal just to get his body over here with all the paperwork required to cross him over the border, and all of a sudden this happens," said Harris.

The family began digging Garza's grave, but stopped when Villanueva Cemetery slapped them with a restraining order.

Villanueva was originally a public cemetery, but Longoria Properties claimed that as the current titleholders to the land, they have the right to charge burial fees in whatever payment they want.

Brownsville Commissioner Edward Camarillo said Thursday if it turns out to be public property, Longoria Properties is breaking the law.

Furthermore, Camarillo said even if it is private land, the property is not up to code for a private cemetery.

"I'm hoping something will change," sighed Harris.  "The hole is there, it's ready, but as of now, it doesn't look like it."