In re St. James Methodist Church of Hahnville

liWICKER, Judge.

This is a suit for declaratory judgment by Harry Austin against the St. James Methodist Church of Hahnville (hereinafter “St. James”), in which petitioner seeks judgment limiting defendant’s right to control use of a cemetery known as the Hahnville Cemetery. From judgment in favor of petitioner, defendant takes this appeal. We reverse.

Austin alleged that St. James is operating a public cemetery in Hahnville, Louisiana, but has been denying access and demanding payment for use of the cemetery without the right to do so. St. James alleged it has title to the land on which the…