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CRAWFORD v. CITY OF MANTI

No. 10392.

18 Utah 2d 79 (1966)

415 P.2d 665

NELDA CRAWFORD AND DAVID BEESLEY, DBA BEESLEY MONUMENT & VAULT COMPANY, PLAINTIFFS AND RESPONDENTS, v. CITY OF MANTI, A MUNICIPAL CORPORATION, FRANK J. GARBE, ITS MAYOR, MARGARET ANDERSON, BEN KJAR, LLOYD R. NIELSEN, RAY P. COX AND R. MORGAN DYRENG, ITS CITY COUNCIL, AND CLARENCE ROBERT HALL, ITS SEXTON, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

July 1, 1966.

Attorney(s) appearing for the Case

Dilworth Woolley, Manti, for appellants.

Ballif & Ballif, George S. Ballif, Provo, for respondents.

CALLISTER, Justice.

The City of Manti refused to allow the plaintiff, Nelda Crawford, to install a certain type of headstone in the family burial plot in the city cemetery. She successfully prosecuted a declaratory judgment action in the district court and the City now appeals.

In 1911, James Crawford, Jr. purchased rights in contiguous burial lots in the Manti City cemetery which would accommodate five graves. These rights were evidenced by a "Cemetery Lot...

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