Jordan v. Little Ark Baptist Church

BY JUDGE JAMES W. HALEY, JR.

In this declaratory judgment action, the issue for resolution is whether the terms of a contract for use of burial space located in a church-owned cemetery may be modified by subsequent action by that church.

The facts are stipulated and may be succinctly stated.

On April 17, 1988, Little Ark Baptist Church (“Church”) for $40 transferred to Celestine M. Jordan a “cemetery lot 20’ by 28’,” containing six grave-sites. The only documentation of this contract is a receipt for the sum paid and the quoted language above, although the parties agree as to the location of the…