Mount Olivet Cemetery Ass'n v. Salt Lake City

BRISCOE, Circuit Judge.

Plaintiffs Mount Olivet Cemetery Association and Johnson Land Enterprises appeal the district court’s entry of summary judgment in favor of defendant Salt Lake City in plaintiffs’ action seeking declaratory judgment and injunctive relief. Plaintiffs contend the district court erred in finding the Association was the owner of the Mount Olivet Cemetery property, and, as applied to the Association, the City’s local zoning ordinance was not preempted by federal law. We affirm.

In 1874, Congress authorized the Secretary of War to set aside twenty acres of land at Camp Douglas…