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Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided June 21, 1984Published

1Opinion of the Court

Honorable Jack A. McGaughey District Attorney for Archer Clay, and Montague Counties P.O. Box 55 Montague, Texas 76251

Re: Validity of a municipal ordinance which prohibits the transfer of municipal cemetery lots to a party other than the city

Dear Mr. McGaughey:

You ask us "[w]hether or not a city which owns and operates a municipal cemetery may lawfully enact an ordinance prohibiting the sale or transfer [by a grantee] of lots in that cemetery to a party other than the city." We conclude that a city may not enact such an ordinance, because it would constitute an unreasonable restraint on…

2Cases cited11 opinions

  1. Cherokee Water Co. v. ForderhauseTexas Supreme Court · 1982
  2. Mattern v. HerzogTexas Supreme Court · 1963
  3. Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952
  4. Forderhause v. Cherokee Water Co.Court of Appeals of Texas · 1981
  5. Foster v. BullardCourt of Appeals of Texas · 1973

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