Hennings v. Callahan

Defendants-appellants Trustees of Homer Township, Benton County, Iowa, appeal the ruling of the trial court reversing their decision to permit the placement of a memorial stone in the Kirchner Cemetery. On appeal defendants claim the trial court erred in ordering the removal of the memorial stone, as it is the role of the trustees, not the role of the district court, to make such decisions. We reverse and remand.

I. BACKGROUND FACTS AND PROCEEDINGS

The Kirchner Cemetery is maintained, controlled and presumably owned by defendant trustees. This case involves an area in the cemetery where William…