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From: "Neal Caskey" <>
Subject: [NCROOTS] Important Ruling in Cemetery Suit
Date: Thu, 7 Dec 2000 09:13:19 -0300


I thought the list might be interested in the ruling Superior Court Judge James Morgan handed down regarding the constitutionality of NCGS 65-75. As I have mentioned in an earlier post The Respondents were challenging the constitutionality of the law which allows access to abandoned graveyards. The Judges order reads:

"NCGS 65-75 does not allow for an illegal or unconstitutional taking without compensation;

The goal of NCGS 65-75 is to provide for discovery, restoration, maintenance and visitation of private graves and abandoned cemeteries, which furthers the health safety, morals and general welfare of the public;

The goal of NCGS 65-75 is an appropriate purpose for the exercise of the police power of the State of North Carolina and,

The means used by NCGS 65-75 are tailored to meet the appropriate goal, and the method set out in the statute represents a minimum and reasonable interference with interest of a private landowner in order to achieve the goal; and,

NCGS 65-75 is proper exercise of the police powers of the State of North Carolina, and does not violate either the federal or state constitutions.

IT IS THEREFORE ORDERED, that the respondents' motion to dismiss is denied."

This all means that we can now have a trial on the merits of the case, and hopefully we will prevail, and be allowed to enter the cemetery of our ancestors.

Neal Caskey

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