INCH MEMORIALS v. CITY OF PONTIAC

Docket No. 78-2993.

93 Mich. App. 532 (1979)

286 N.W.2d 903

INCH MEMORIALS v. CITY OF PONTIAC

Michigan Court of Appeals.

Decided November 6, 1979.


Attorney(s) appearing for the Case

Bebout, Potere, Cox, Hughes & Cadieux, for plaintiffs.

Rudy J. Nichols, for defendant.

Before: T.M. BURNS, P.J., and M.F. CAVANAGH and MacKENZIE, JJ.


PER CURIAM.

Plaintiffs appeal of right a lower court judgment denying them injunctive relief prohibiting defendant from selling grave markers and memorials for use in its own municipal cemeteries. We affirm.

Under the Michigan Constitution a municipal corporation may "acquire, own, establish and maintain" public cemeteries. Const 1963, art 7, § 23. This constitutional authority is not self-executing but requires enabling legislation. Wayne Village...

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