Public-domain · open source
OpenJurist

61 Ohio St. 2d 283

Jackson v. Claxton

Ohio Supreme Court

Decided February 27, 1980

Ohio Supreme Court · decided 1980-02-27

Decided 1980-02-27

William B. Brown, J.

¶1The sole issue is whether R. C. 1721.03 applies to a cemetery owned and operated by an individual.

¶2R. C. 1721.03 provides, in pertinent part:

¶3“Land shall not be appropriated, nor shall a cemetery be located, by an association incorporated for cemetery purposes or by a benevolent or religious society, within one hundred yards of a dwelling house, unless the owner of such dwelling house gives his consent, or unless the entire tract appropriated is a necessary addition to or enlargement of a cemetery already in use.

¶4The statute refers to “an association incorporated for cemetery purposes” and to “a benevolent or religious society,” but does not refer to individuals. Based on the maxim of statutory interpretation, expressio unius est exclusio *284alterius, we conclude that R. C. 1721.03 does not apply to individuals. Any amendment to the statute must be made by the General Assembly.

¶5The judgment of the Court of Appeals is affirmed.

¶6Judgment affirmed.

Celebrezze, C. J., Herbert, P. Brown, Sweeney, Locher and Holmes, JJ., concur.
/61/ohiost2d/283 · .json · Public domain