Order Access To Cemetary Burial Ground Or Grave {SCCA-681}

STATE OF SOUTH CARLINA COUNTY OF ) ) ) ) ) ) ) ) IN THE MAGISTRATES COURT PETITIONER(S) VS. ORDER ACCESS TO CEMETERY, BURIAL GROUND OR GRAVE RESPONDENT(S) CIVIL CASE NUMBER The petitioner in the above captioned action requests injunctive relief pursuant to 27-43310 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 27-43310 (B). After reviewing the pleadings and considering all arguments made by the parties to this action, the Court finds the following facts: 1. The real property subject to this complaint is located at __________________________ ____________________ in _________________ County. Yes No 2. The respondent was properly served and given an opportunity to be heard. Yes No 3. 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 4. 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. 5. 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 6. The court finds that such access is is not appropriate and should be granted denied for the following reasons: ____________________________________________ _______________________________________________________________________. SCCA/681 10/2007 American LegalNet, Inc. www.FormsWorkFlow.com 7. The court finds that the following times and periods of access are reasonable for the stated purpose: __________________________________________________________ _______________________________________________________________________. 8. 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 American LegalNet, Inc. www.FormsWorkFlow.com