County of Los Angeles v. Hollywood Cemetery Ass'n

Good Law
124 Cal. 344·1899 Cal. LEXIS 997·57 P. 153
Supreme Court of CaliforniaMay 2, 1899L. A. No. 525California2,193 words

Opinion

Lead Opinion

Chipman, J.

Injunction to restrain defendant from establishing a cemetery upon certain lands and interring 'human bodies therein. The complaint shows that the supervisors of Los Angeles county duly passed an ordinance,' the first section of which reads: “It shall be unlawful to locate or establish, extend or enlarge, any cemetery, graveyard, burying-ground or crematory within the limits of the county of Los Angeles without the permission of the board of supervisors first had and obtained.” The second section directs how to apply for such permission and what facts shall be set forth in the petition therefor, and that thirty days’ notice of the hearing of the petition shall be given by publication' in some newspaper published in the county. The third and last section provides .for publication of the ordinance. It is alleged that since said ordinance took effect defendant has located and is now locating and establishing a cemetery (upon certain lands described) situated in said county, “without the permission of the said board of supervisors first had and obtained, and contrary to and in violation of all the provisions of said ordinance”; the complaint then sets out certain acts now being done…

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