Holy Sepulchre Cemetery v. Town of Greece

This motion is for judgment on the pleadings, after issue joined, in favor of the plaintiff, on the ground that no triable issue of fact is raised by the answer and that plaintiff is entitled to judgment as matter of law. The action is brought for a declaratory judgment determining that the Town of Greece is without power to regulate or restrict the plaintiff in the use of its lands in the town of Greece for cemetery purposes. Six causes of action are alleged in the complaint, one on constitutional grounds.

The facts of this case are fully set out in the opinion by Justice Labkin, writing for…