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STATE v. LINCOLN MEMORY GARDENS, INC.

No. 29,981.

242 Ind. 206 (1961)

177 N.E.2d 655

STATE OF INDIANA v. LINCOLN MEMORY GARDENS, INC.

Supreme Court of Indiana.

Filed October 26, 1961.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, and Robert E. Robinson, Deputy Attorney General, for appellant.

Paul J. DeVault, Arthur W. Banta, Krieg, DeVault, Alexander & Capehart, of counsel, all of Indianapolis, Russell I. Richardson and Stewart & Richardson, of counsel, of Lebanon, for appellee.

BOBBITT, J.

In 1953 appellee purchased 38.03 acres of land in a farming community in Boone County, Indiana, for the purpose of establishing and developing a garden-type cemetery. The land adjoins State Road 52 a few miles northwest of Indianapolis.

A plat of the entire tract of land was filed in the Recorder's office in Boone County, on January 13, 1954, as Lincoln Memory Gardens, and a further plat was so filed on February 20, 1955.

The individual...

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