Rodgers v. Richmond Memory Gardens, Inc.

SMART, Judge.

D. Sue Lauck and Richmond Memory Gardens, Inc. (“RMG”) appeal from an order removing Ms. Lauck as the sole member of the Board of Directors of RMG and as trustee of the perpetual care fund of the cemetery. Three points are presented in this appeal in which defendants contend that the trial court erred by: (1) denying a motion to declare the action a class action pursuant to Rule 52.08; (2) denying a motion for summary judgment because plaintiffs were not governmental entities and because § 214.205, RSMo 1994,1 limits the right to take control of a private cemetery to governmental…