Burks v. City of Licking

I respectfully dissent. My dissent, however, is limited to the conclusion reached in the principal opinion that Licking was authorized to purchase that portion of the land in question which lies outside the city limits.

§ 79.010 states, in pertinent part:

Any city of the fourth class in this state ... may receive and hold property, both real and personal, within such city, and may purchase, receive and hold real estate within or without such city for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter…