Order Access To Cemetery Burial Ground Or Grave In Response To Petition By Landowner
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1
2STATE OF SOUTH CARLINA
)
COUNTY OF
)
IN THE MAGISTRATES COURT
)
)
ORDER
PETITIONER(S)
)
ACCESS TO CEMETERY,
VS.
)
BURIAL GROUND OR GRAVE
)
(In Response to Petition by Landowner)
)
)
RESPONDENT(S)
CIVIL CASE NUMBER
The petitioner in the above captioned action requests injunctive relief pursuant to 27-43-
310 of the South Carolina Code of Laws, alleging that the respondent has refused to accept
reasonable
conditions
of
access
to
the
cemetery/burial
ground/grave
located
at
_________________________________________________ pursuant to 27-43-310 (C)(4).
After reviewing the pleadings and considering all arguments made by the parties to this action,
the Court finds the following facts:
1. The real property subject to this complaint is located at ___________________________
______________________ in __________________ County.
Yes
No
2. The respondent was properly served and given an opportunity to be heard.
Yes
No
3. The Petitioner provided Respondent with a written proposal for reasonable access to the
cemetery, burial ground, or grave located on the subject property pursuant to 27-43-310
(C)(2) (a copy of which is attached hereto).
Yes
No
4. Respondent has failed and refused to accept Petitioner’s terms and conditions for access.
5. Petitioner has requested that this Court issue an Order granting access to Respondent
under reasonable terms and conditions pursuant to § 27-43-310 (C)(4), establishing the
frequency, hours and duration of such access.
6. The petitioner established by a preponderance of the evidence that respondent failed to
accept the proposed reasonable terms and conditions of access pursuant to Section 27-43-
310 of the SC Code of Laws.
Yes
No
7. The Court finds that reasonable access should be
granted
denied for the following
reasons: _______________________________________________________________
_______________________________________________________________________.
SCCA/683
10/2007
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