Southwick, Inc. v. Wash. State Funeral & Cemetery Bd., 191 Wash. 2d 689

Summary

The Washington Supreme Court held that Southwick, Inc. lacked statutory "authority of law" to disinter and relocate cremated human remains without first notifying next of kin. The court concluded that cemetery rules adopted under state law could not override the statutory notice requirement and affirmed the violation of RCW 68.50.140(4) and RCW 68.50.220, remanding for reconsideration of sanctions. A dissent argued that the criminal statute was ambiguous and that the rule of lenity should apply.

Holdings

1. Southwick was not acting with authority of law when it disinterred and relocated the cremains without giving the statutorily required prior notification to next of kin, and its conduct violated RCW 68.50.140(4).
2. Southwick violated RCW 68.50.220 by failing to notify next of kin before relocating the cremains within the cemetery.
3. Cemetery authorities may adopt internal operating rules only insofar as those rules are consistent with state law; they may not contract around or exempt themselves from statutory requirements.

Questions Presented

1. Whether Southwick acted with authority of law under RCW 68.50.140(4) when it disinterred and relocated cremated human remains without providing prior notice to next of kin.
2. Whether Southwick's internal cemetery rules or contractual arrangements could authorize conduct that conflicted with the statutory notice requirement.
3. Whether Southwick violated RCW 68.50.220 by failing to notify next of kin before relocating human remains within the same cemetery.

Disposition

remanded