Melwood, Inc. v. DeKalb County

Weltner, Justice.

Melwood, Inc. owns a tract of land in DeKalb County. One distinct parcel of this land is a cemetery. The other distinct parcel is undeveloped land which never has been subdivided for burial plots. No part of the second parcel has been sold or offered for sale as a cemetery lot, and no burial has taken place on the second parcel. Each parcel has separate means of ingress and egress.

*248Melwood, Inc. wishes to sell the undeveloped parcel for an apartment site. This action was filed to resolve certain issues which might becloud such a use. While the procedural history of this…