Texas Supreme Court

City of Austin v. Austin City Cemetery Association.

December 3, 189487 Tex. 330

Summary

The Texas Supreme Court held that a city ordinance restricting burial locations is authorized by the charter, that courts may review its reasonableness, and that an injunction is appropriate when the ordinance is void and threatens irreparable injury; however, the ordinance was not found void on its face. The Court also clarified that reasonableness is a question of law for the court, while factual disputes go to a jury.