Hills of Rest Memorial Park, Inc. v. Witte

427 N.W.2d 848 (1988)

HILLS OF REST MEMORIAL PARK, INC., Plaintiff and Appellant,

v.

David A. WITTE and Chapel Hill Funeral Home, Inc., Defendants and Appellees.

No. 15771.

Supreme Court of South Dakota.

Argued January 11, 1988.

Decided August 24, 1988.

John E. Burke, Sioux Falls, for plaintiff and appellant.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.

HENDERSON, Justice (on reassignment).

ACTION/PROCEDURAL HISTORY

Plaintiff, Hills of Rest Memorial Park, Inc. (Cemetery), a non-profit corporation, which operates the Hills of Rest Memorial Park cemetery,…