Gast Monuments, Inc. v. Rosehill Cemetery Co.

Plaintiff Gast Monuments, Inc., filed a quo warranto proceeding challenging defendant Rosehill Cemetery Company’s right to sell headstones, burial markers and monuments for use in Rosehill Cemetery in Chicago, Illinois. The trial court entered summary judgment in favor of defendant. We affirm.

In 1859, the Illinois legislature adopted the Rosehill Charter, which created the original Rosehill Cemetery Company (Original Rose-hill), as a not-for-profit corporation. At that time, corporations could only be formed by a special act of the legislature. Corporations that were created by a special act…