Gennari v. Andres-Tucker Funeral Home, Inc.

The first issue posed by this appeal is whether R.C. 1721.18 applies to bar the defendant funeral home from operating its crematory without plaintiffs’ consent. We hold that the statute does not apply to defendant, and that the trial court erred in enjoining defendant’s use of the crematory.

R.C. 1721.18 provides in pertinent part:

“Any company or association incorporated for the erection and maintenance of a crematory may exercise all the rights and powers conferred by sections 1721.01 to 1721.18, inclusive, of the Revised Code, subject to the conditions provided in such sections. No building…