Opn. No.

HON. L. FOSTER JAMES, JR. Town Attorney, Edinburg

This is in response to your letter of June 15, 1976, to Attorney General Louis J. Lefkowitz. In your letter you raised two questions:(1) May the Town Board, which maintains the town cemetery, limit the sale of burial lots to residents of the town; and if so,(2) May the Town Board limit the sale of burial lots to persons who have been residents for a specified period of time.

The Legislature has granted to town boards the authority to maintain burial grounds or cemeteries. Town Law, § 290, states, in part, that a town board has power to: "* * *…