Schmolke v. Highland Butterfield, Inc.

Defendants, Highland Butterfield, Inc., Michael Fumo, George Savoy and Ed Rose, appeal from a summary judgment which enjoined them from interfering with the graves in Allerton Ridge Cemetery and use of the property for other than cemetery purposes. Defendants also appeal from the denial of their motion for summary judgment against plaintiffs, who are 125 individuals alleged to have an interest in plots contained in the cemetery or related to persons buried therein, and the Illinois Attorney General.

The dispositive issue of this case is whether the corporate authorities of a village are…