King v. French
2011 Ark. App. 257
| Ark. Ct. App. | 2011Background
- The Tyro Cemetery in Lincoln County, Arkansas, features King plot #126 adjacent to Key plot #125, with disputed boundary along an east–west line between the plots.
- King sued the Key family, the cemetery association trustees, and Griffin Funeral Service, seeking disinterment of George Myers and an injunction against further encroachment.
- Griffin argued it acted under cemetery direction and that the complaint failed to name necessary parties; the association denied liability and raised laches.
- King’s complaints intensified after 1987 and 2002 burials, then again before the March 2006 burial of George Myers, whom King believed should not have been buried where planned.
- Measurements showed the Key plot was narrower than the King plot, and there was potential encroachment along the common boundary; King learned of marker movements in 1987.
- In March 2010, the trial court dismissed King’s complaint with prejudice; on appeal, King challenged the Griffin dismissal and the laches ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Griffin was properly dismissed | King contends Griffin should remain involved in the suit | Griffin owed no duty and was properly dismissed as no dispute against it remained | Griffin dismissal affirmed as correct summary judgment |
| Whether laches barred King’s request to move George and enjoin encroachment | King asserts timely rights to challenge encroachment and move George | King slept on rights since 1987–2002; laches applies | Laches applied to the two front spaces; King barred from relief |
Key Cases Cited
- Aka v. Jefferson Hospital Association, 344 Ark. 627 (2001) (intermediate order review may proceed when final judgment appealed)
- Rial v. Boykin, 237 S.W.3d 489 (Ark. App. 2006) (burial rights and special protection of cemetery plots)
- Summit Mall Co. v. Lemond, 132 S.W.3d 725 (Ark. 2003) (laches in boundary-related disputes)
- Goforth v. Smith, 991 S.W.2d 579 (Ark. 1999) (laches and change in position considerations)
- White v. McGowen, 222 S.W.3d 187 (Ark. 2006) (standard for clearly erroneous findings on bench trial review)
- Cochran v. Bentley, 251 S.W.3d 253 (Ark. 2003) (fact questions and credibility are for the trial court)
- Nielsen v. Berger-Nielsen, 69 S.W.3d 414 (Ark. 2002) (motions to dismiss treated as summary judgments when extraneous materials are considered)