Johnson County Memorial Gardens, Inc. v. City of Overland Park

The opinion of the court was delivered by

Holmes, J.:

Johnson County Memorial Gardens, Inc., a Kansas corporation, appeals from an order sustaining defendants’ motion for summary judgment in an action by Memorial Gardens for an order of mandamus and other relief. The case was submitted to the court on stipulated facts which will be greatly summarized herein.

Johnson County Memorial Gardens, Inc., (Memorial Gardens) owns and operates a cemetery by the same name situated on thirty-five acres of land in Johnson County, Kansas. Memorial Gardens has owned the cemetery since its inception in 1950. The…