Legal Opinion · Dissent

Saginaw Hebrew Benevolent Society v. Budd

Michigan Supreme Court

Decided June 2, 1952No. Docket Nos. 38, 39, Calendar Nos. 45,281, 45,282Published

1DissentSharpe, J.

I am in accord with the reasoning and result in Mr. Justice Dethmers’ opinion insofar as the north 90 feet of the property in question is involved. I am not in accord with his conclusions relative to the south 60 feet. This property was purchased by plaintiffs in 1934, and has never been used as a cemetery. There never has been a burial in it. The property in question has a house on it, and was used as a home for the caretaker. Prom 1934 to 1937 the house was rented for $12 per month.

There are 2 tax-exemption statutes relating to cemeteries. The first enactment on this subject was PA 1869, No…

2Cases cited5 opinions

  1. East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
  2. St. Joseph's Church v. City of DetroitMichigan Supreme Court · 1915
  3. Attorney General v. Common CouncilMichigan Supreme Court · 1897
  4. Woodmere Cemetery Ass'n v. City of DetroitMichigan Supreme Court · 1916
  5. In Re Petition of Auditor GeneralMichigan Supreme Court · 1940

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