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STATE v. TERRY

No. 94-1942.

541 N.W.2d 882 (1995)

STATE of Iowa ex rel. ATTORNEY GENERAL OF IOWA, Appellee, v. Kell C. TERRY d/b/a Dubuque Memorial Gardens and Dubuque Memorial Park, Individually and in his corporate capacity, et al., Defendants, and Table Mound Township, Appellant.

Supreme Court of Iowa.

December 20, 1995.

Attorney(s) appearing for the Case

Ralph R. Potter, Assistant County Attorney, Dubuque, for appellant.

Thomas J. Miller, Attorney General, and Chris Odell, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN, and TERNUS, JJ.

McGIVERIN, Chief Justice.

We are called upon to interpret Iowa Code section 566.33 (1993) concerning a governmental subdivision's responsibility for a cemetery, privately-owned and devoted to public use, presently under a receivership and being maintained by volunteers. We affirm the district court's declaratory judgment order under that statute directing a township to provide maintenance for the cemetery, but limit the township's obligation to the funds available...

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