Marvin M. Moore


The purpose of this article is to examine the reasons advanced for excluding funeral parlors and graveyards from predominantly residential neighborhoods, the legal devices most commonly employed to accomplish such exclusion, and the propriety of using the police powers of the state to bar a land use that may not always threaten to thwart any of the recognized aims that the police powers are intended to promote. Finally, the article will recommend some practical steps that operators of mortuaries and cemeteries might take in order to gain more public acceptance. To the extent that the law merely reflects the values, mores, and attitudes of society, an improvement in the public image of funeral homes and graveyards should result in a reduction of the legal obstacles that they currently confront.