Wojtkowiak v. Evangelical Lutheran St. John's Church

By stipulation of facts upon the trial of this action, the court must determine whether the consent of the board of supervisors is a preiequisite to the extension by defendant, a religious corporation, of its cemetery lands for burial purposes. The defendant, a religious corporation, as defined by statute *265(Religious Corporations Law, § 2), is the owner of cemetery lands in the town of Cheektowaga, Erie county, N. Y., legally acquired in accordance with statute (Religious Corporations Law, § 7). It is under contract to purchase contiguous land in the event that such land may be used by it for…