Timothy Kelly v. Beth Bhatnagar et al.

A property owner relocated several monuments from a historic family burial ground located on his property and later filed a petition seeking to terminate the land’s use as a burial ground. The defendants, who are other descendants of those identified on the monuments, denied that the burial ground should be closed and filed a counterclaim seeking injunctive relief. After a bench trial, the court found that the statutory requirements for closure were not met and dismissed the petition. The trial court entered an injunction ordering the return of the monuments and the honoring of a defendant’s wish to be buried there. We reverse the portion of the order regarding the defendant’s burial rights. Finding no other reversible error, we affirm in all other respects.