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Savannah Cemetery Group Inc. v. Depue-Wilbert Vault Co.

The trial court did not contradict itself by granting a permanent injunction in its original order and then stating in its order denying the motion for a new trial that the defendants had standing to bring actions for tortious interference with contract because the fact that the trial court stated in dicta that the plaintiffs may have standing to assert other claims does not mean that the trial court was not authorized to prevent irreparable injury.

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This is an appeal from an order permanently enjoining the enforcement of a rule established by a private cemetery owner to prohibit the use of concrete vaults in its cemeteries. For the reasons that follow, we affirm. In 2008, the Savannah Cemetery Group, Inc., which owned five private cemeteries in the Savannah, Chatham County, Georgia area the “cemetery group” established a rule prohibiting the use of concrete burial vaults in its cemeteries, requiring instead steel or polymer vaults. The cemetery group notified local funeral homes of the rule.

Several businesses in the Savannah, Chatham County area, namely a concrete burial vault manufacturer, a concrete burial vault distributor and six funeral homes collectively, the “vault/funeral group” filed an action to enjoin the cemetery group from implementing the rule, alleging that the rule violated the Georgia Cemetery and Funeral Services Act of 20001 the “Cemetery Act”, and asserting that implementing the rule would interfere with the vault/funeral group’s contractual and/or business relations with third parties. Following a non-jury trial, the trial court found that the vault rule was unreasonable and prohibited by the Cemetery Act, and entered an order permanently enjoining the cemetery group from banning the use of concrete vaults in its cemeteries. The cemetery group appeals.

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