Legal Opinion

Southwick, Inc. v. Wash. State

Washington Supreme Court

Decided September 13, 2018No. 95237-0PublishedCited by 2 opinions

1Opinion of the CourtJohnson, J.

¶ 1 This case challenges a fine imposed on a cemetery for relocating cremains without giving prior notification of its actions to next of kin. This case looks at RCW 68.50.140(4) and what it means to act "without authority of law" under that statutory section. It is a class C felony to remove "human remains from a place of interment, without authority of law." RCW 68.50.140(4). Also, RCW 68.50.220 allows cemeteries to move remains around within a cemetery, but they must first notify next of kin of their actions. Southwick Inc., a cemetery owner and operator, disinterred 37 sets of cremains…

2Cases cited20 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. State v. GunwallWashington Supreme Court · 1986
  4. LaMon v. ButlerWashington Supreme Court · 1989
  5. Haley v. Medical Disciplinary BoardWashington Supreme Court · 1991

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3Cited by2 opinions

  1. State v. PrattWashington Supreme Court · 2021
  2. Michael Mariani, V. State Of Wa, Dept. Of Financial InstitutionsCourt of Appeals of Washington · 2025

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