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FRASER v. TENNEY

No. 97-CA-0316-MR.

987 S.W.2d 796 (1998)

Mary Louise Tenney FRASER; Bernard H. Fraser; Robert Tenney Fraser; and Richard Goodwin Fraser, Appellants, v. Dwight G. TENNEY; Elizabeth Wallace Tenney; Earl Wallace Tenney; Dwight Goodwin Tenney, II; Elizabeth Goodwin Tenney; William Joseph Goodwin; Mrs. John Clay Barrickman; and Lexington Cemetery Company, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court April 14, 1999.

Attorney(s) appearing for the Case

David T. Enlow, Tracey S. Enlow, Charles D. Cole, Lexington, Kentucky, for Appellants.

Gregory P. Parsons, C. Kennan Wethington, Lexington, for Appellees Dwight G. Tenney, Elizabeth Wallace Tenney, Earl Wallace Tenney, Dwight Goodwin Tenney, II, Elizabeth Goodwin Tenney, William Joseph Goodwin, and Mrs. John Clay Barrickman.

Before: EMBERTON, GARDNER, and SCHRODER, JJ.

OPINION

SCHRODER, Judge.

This appeal questions the dismissal of a declaratory judgment action as not being ripe for adjudication. The case involved the attempted reservation of gravesites in a family plot within the Lexington Cemetery.

Joseph A. Goodwin purchased a family cemetery plot in the Lexington Cemetery in 1940. Over the years, the family grew and now there are only eight gravesites left, with one of those supposedly reserved for a...

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