GENNARI v. ANDRES-TUCKER FUNERAL HOME, INC.

No. 85-257.

21 Ohio St. 3d 102 (1986)

GENNARI ET AL., APPELLEES AND CROSS-APPELLANTS, v. ANDRES-TUCKER FUNERAL HOME, INC., APPELLANT; CITY OF SANDUSKY, CROSS-APPELLEE.

Supreme Court of Ohio.

Decided January 15, 1986.


Attorney(s) appearing for the Case

Wilber & Wilber and George C. Wilber, for appellees and cross-appellants.

Wagner & Wagner and Walter R. Wagner, for appellant.

Buckingham, Holzapfel, Zeiher, Waldock & Schell Co., L.P.A., and William E. Didelius, for cross-appellee.


CLIFFORD F. BROWN, J.

The first issue posed by this appeal is whether R.C. 1721.18 applies to bar the defendant funeral home from operating its crematory without plaintiffs' consent. We hold that the statute does not apply to defendant, and that the trial court erred in enjoining defendant's use of the crematory.

R.C. 1721.18 provides in pertinent part:

"Any company or association incorporated for the erection and maintenance of a crematory may exercise...

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