State Ex Rel. Attorney General of Iowa v. Terry

McGIVERIN, Chief Justice.

We are called upon to interpret Iowa Code section 566.33 (1993) concerning a governmental subdivision’s responsibility for a cemetery, privately-owned and devoted to public use, presently under a receivership and being maintained by volunteers. We affirm the district court’s declaratory judgment order under that statute directing a township to provide maintenance for the cemetery, but limit the township’s obligation to the funds available through appropriate tax levies. We reverse, however, the court’s order directing the township to preserve the cemetery’s burial…