Arlington Cemetery Corp. v. Hoffman

Almand, Justice.

The orders under review are: (a) those overruling general and special demurrers to a petition seeking injunctive relief, and (b) one granting an interlocutory injunction.

The question at issue is: The right of owners of lots in a cemetery, where the owner of the cemetery property has dedicated all the property within the limits of the cemetery “for interment of human bodies . . . and can be used for no other purpose,” to enjoin the cemetery corporation and its lessee from erecting and maintaining on- the dedicated property, for profit, a type of crematory known as a calcinator…