McKenzie v. Commalander

MADDOX, Justice.

This appeal presents three main issues: 1) the right of trustees of a cemetery to bring an action to enjoin what they contend was an obstruction of a public way used for ingress to and egress from the cemetery and for parking when funerals were conducted at the cemetery; 2) if there was a public way, whether it had been abandoned; and 3) whether injunctive relief was appropriate under any circumstance.

Billy Commalander and his fellow trustees of Brook Cedrón Cemetery, which is located in Baldwin County, filed a complaint against the defendants, in which they claimed that the…