STATE OF SOUTH CARLINA	)
COUNTY OF	)	IN THE MAGISTRATES COURT
)
)
PETITIONER(S)	)	ORDER
VS.	)	ACCESS TO CEMETERY, BURIAL GROUND OR GRAVE
)
)
RESPONDENT(S)
CIVIL CASE NUMBER

The petitioner in the above captioned action requests injunctive relief pursuant to 27-43-310 of the South Carolina Code of Laws, alleging that the respondent denied petitioner reasonable access to the cemetery/burial ground/grave located at for lawful purposes pursuant to 27-43-310 (B). After reviewing the pleadings and considering all arguments made by the parties to this action, the Court finds the following facts:

The real property subject to this complaint is located at in County.

Yes No

The respondent was properly served and given an opportunity to be heard.

Yes No

The Petitioner made a proper written request, pursuant to SC Code Section 27-43-310 for access to a cemetery, burial ground or grave, located on land owned or occupied by the respondent. Yes No

Petitioner seeks access to the property for the following purpose:

visiting a grave(s)

maintaining the gravesite or cemetery

lawfully burying a deceased person in a cemetery or burial plot by those granted rights of burial to that plot

conducting genealogy research.

The petitioner established by a preponderance of the evidence that respondent failed to provide reasonable access to the petitioner pursuant to Section 27-43-310 of the SC Code of Laws. Yes No

The court finds that such access is is not appropriate and should be granted denied for the following reasons: .

The court finds that the following times and periods of access are reasonable for the stated purpose: .

The Court makes the following additional findings of fact: .

THEREFORE, IT IS ORDERED that plaintiff’s request for relief is granted/denied.

If granted, the defendant shall immediately provide plaintiff access to the premises for the purpose of subject to the following conditions: .

Date
Magistrate

SCCA/681	10/2007

STATE OF SOUTH CARLINA

traines

2008-03-06

Winkie Clark

SC Judicial Dept.