Burial (some overlap
- Wolf v. Rose Hill Cemetery Association
- Weiss v. Cedar Park Cemetery
240 N.J. Super. 86, 572 A. 2d 662 (1990)
- Woman who buried her non-Jewish father in plot was allowed because she had ownership
even though cemetery was for Jews.
- Cannon v. Edgar
- Katz v. Westlawn Cemetery Association
673 N.E. 2d 1053, 220 Ill. Dec. 632 (Ill. App. 1996)
- Woman who couldn't bury mother within 24 hrs required by Orthodox Jewish law was
preempted from suing because the cemetery was under a union strike lockout and was thus
governed by the NLRA which preempted the claim.
- Brown v. Canfield Board Of Zoning Appeals
123 Ohio App. 3d 442, 704 N.E.2d 335 (Ohio Ct. App. 1997), Case No. 95 C.A. 219. Dated
October 28, 1997. Opinion by J. Gene Donofrio. Dissenting, J. Edward A. Cox.
- Jewish congregation, which owned cemetery running out of space, wished to purchase
adjacent lot so as to increase the number of available burial plots and expand the parking
area to alleviate traffic problems during funerals; the adjacent lot was zoned for single
family residential use and a variance was necessary; held, the congregation was not
entitled to the variance because it could not show unnecessary hardship; a finding of
unnecessary hardship must relate to the property for which the variance is sought; Ohio
- Bratt v. Cohn
969 S.W.2d 277 (Mo. Ct. App. 1998), WD 54265. Dated June 2, 1998. Opinion by J. James
M. Smart, Jr.
- Cemetery operated by synagogue which never elected to be governed by the Cemetery
Endowed Care Fund Law of Missouri was not subject to regulation as an endowed care
cemetery simply because it established a fund for perpetual care; Missouri law.
Mark v. Congregation Mishkon Tefiloh
745 A.2d 777 (R.I. 2000)
Decedent purchased from synagogue two grave sites; when decedent died it was discovered that the gravesite that had been reserved for him was not available, having been resold by the congregation; inasmuch as decedent had to be buried expeditiously in accordance with the tenets of the Jewish faith, an alternative grave site outside the confines of the Congregation's section of the cemetery was purchased by the family; subsequently, decedent's widow also died and was buried next to her husband at the alternative grave site; in action against the congregation and the cemetery association, the court refused to dismiss plaintiff executors' claim for punitive damages or to strike the claim pending a evidentiary hearing in which plaintiffs would have the burden of establishing a prima facie case of entitlement to punitive damages; Rhode Island law.