FBANK L. RICHER, INC. v. City of Colton

1. Introduction

May the lessee of a city-owned public cemetery sell cemetery monuments and markers? We conclude it can and reverse the judgment.

The City of Colton owns a public cemetery, Hermosa Gardens. Colton leases the cemetery to Inland Memorial, Inc. Plaintiffs, two competing dealers collectively identified as “Ricker,” sued Inland and the city, asserting that Inland is prohibited from selling monuments and markers because it leases Hermosa Gardens from Colton. The superior court rendered judgment in favor of Ricker and defendants appeal.

The superior court erred. Although the law prohibits Colton from engaging in the private business of selling monuments and markers, its lessee, Inland is permitted to do so.

2. Discussion

The superior court decided the case based on a set of undisputed facts that we will refer to as necessary. We conduct a de novo review.

City-owned public cemeteries are governed by sections 8130 and 8137 of the Health and Safety Code. Section 8130 provides: “The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of the city owning the…