Arlington Cemetery Corp. v. Bindig (1956)

“In the exercise of the police power of the State, and in order to promote the public health and well-being, the legislature may pass reasonable regulations as to the establishment and operation of cemeteries.” Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 702 ( 95 SE2d 378 ) (1956).

Ledlow v. City of Pell City, 497 So.2d 86, 88 (Ala.1986); Garland v. Clark, 264 Ala. 402, 405-06 , 88 So.2d 367, 370 (1956); Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 703 , 95 S.E.2d 378, 382 (1956); Haslerig v. Watson, 205 Ga. 668, 678 , 54 S.E.2d 413, 421 (1949); Wormley v. Wormley, 207 Ill. 411, 415-16 , 69 N.E. 865, 867 (1904); Magnolia Memorial Gardens, Inc. v. Denton, 317 So.2d 38, 42 (Miss.1975); Abrams v. Lakewood Park Cemetery Association, 355 Mo. 313, 324 , …

Ledlow v. City of Pell City, 497 So.2d 86, 88 (Ala.1986); Garland v. Clark, 264 Ala. 402, 405-06 , 88 So.2d 367, 370 (1956); Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 703 , 95 S.E.2d 378, 382 (1956); Haslerig v. Watson, 205 Ga. 668, 678 , 54 S.E.2d 413, 421 (1949); Wormley v. Wormley, 207 Ill. 411, 415-16 , 69 N.E. 865, 867 (1904); Magnolia Memorial Gardens, Inc. v. Denton, 317 So.2d 38, 42 (Miss.1975); Abrams v. Lakewood Park Cemetery Association, 355 Mo. 313, 324 , …

Jur. 491 , § 8, as follows: “When á tract of land has been dedicated as a cemetery, it is perpetually devoted to the burial of the dead and may not be appropriated to any other purpose.” See also Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 704 ( 95 SE2d 378 ); Greenwood Cemetery, Inc. v. MacNeill, 213 Ga. 141 ( 97 SE2d 121 ); Arlington Cemetery Corp. v. Hoffman, 216 Ga. 735 ( 119 SE2d 696 ).

This court in Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 704 ( 95 S. E. 2d 378 ), said: “The general rule is that, when land has been dedicated for cemetery uses, it may not thereafter be appropriated to other purposes, and this rule has been applied and followed by this court. ‘When a tract of land has been dedicated as a cemetery, it is perpetually devoted to the burial of the dead and may not be appropriated to any other purpose.1 Haslerig v. Watson, 205 Ga. 668, 68…

See Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 704 ( 95 SE2d 378 ) (1956) (abandonment of a property interest is a mixed question of law and fact, and the intent to abandon is “ ‘inferable from the acts of the parties, interpreted in the light of all the surroundings’ ”).

See OCGA § 36-34-2 (7). “ ‘A license is a right granted by some competent authority to do *420 an act which, without such authority, would be illegal.’ [Cits.] The words ‘license’ and ‘permit’ are often used synonymously. [Cits.] Where, pursuant to the police power, a license is granted, it is not a contract and it may be abrogated. [Cit.]” (Emphasis supplied.) Arlington Cemetery Corp. v. Bindig, 212 Ga. 698, 702-703 (2) ( 95 SE2d 378 ) (1956).

Compare Arlington Cemetery Corp. v. Bindig, 212 Ga. 698 ( 95 SE2d 378 ).