Stark v. Stark

LARSON, Justice.

Alita Stark appeals the district court’s order permanently enjoining her from disinterring her deceased spouse’s remains for purposes of reburial. On appeal, we reverse the ruling of the district court and remand for dismissal.

I. Facts and Prior Proceedings.

Joseph Stark died on February 15, 2005, survived by his wife, Alita Stark. Joe had previously been married to Audrey Stark, and they had three children together, the appellees in this lawsuit (referred to collectively as the Stark children). Joe was buried in Hillcrest Cemetery near plots owned by Audrey, his first wife,…