D'Agnolo v. Catholic Cemetery Association of Peoria

Summary

The Illinois Appellate Court, Fourth District, answered a certified question in the negative, holding that a burial easement provision requiring the easement owner’s written permission before disinterment does not conflict with the Illinois Disposition of Remains Act, Vital Records Act, or Crematory Regulatory Act. The court concluded that the statutes do not expressly or implicitly prohibit such contractual provisions, while declining to address other potential public-policy or legal challenges outside the certified question.

Holdings

1. A provision in a burial easement agreement requiring the written permission of the easement owner before disinterment does not conflict with section 5 of the Disposition of Remains Act, section 21(5) of the Vital Records Act, or section 20(a)(1)(E) of the Crematory Regulatory Act, and is not invalid or unenforceable under those statutes.
2. In a Rule 308 appeal, the appellate court must answer the certified question of law and generally may not review the propriety of the underlying interlocutory order.

Questions Presented

1. Whether a provision in a burial easement agreement prohibiting disinterment without the written permission of the easement owner conflicts with section 5 of the Disposition of Remains Act, section 21(5) of the Vital Records Act, or section 20(a)(1)(E) of the Crematory Regulatory Act such that the provision is invalid.
2. Whether the appellate court could review the propriety of the circuit court's underlying summary determination and summary judgment order in this Rule 308 interlocutory appeal.

Disposition

other