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CHIEF JUSTKSE
SUSAM L. CARLSON
SUPREME COURT CLERK
IN THE SUPREME COURT OF THE STATE OF WASHINGTON
SOUTHWICK,INC., a Washington
corporation, No. 95237-0
Petitioner,
En Banc
WASHINGTON STATE,AND ITS
DEPARTMENT OF LICENSING
BUSINESS AND PROFESSIONS
DIVISION; WASHE^GTON STATE
FUNERAL AND CEMETERY BOARD,
Respondents.
Filed SEP 1 3 2018
JOHNSON,J.—This case challenges a fine imposed on a cemetery for
relocating cremains without giving prior notification of its actions to next of kin.
This case looks at ROW 68.50.140(4) and what it means to act "without authority
oflaw" under that statutory section. It is a class C felony to remove "human
remains from a place ofinterment, without authority oflaw." RCW 68.50.140(4).
Also, RCW 68.50.220 allows cemeteries to move remains around within a
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Southwick, Inc. v. Wash. State Funeral & Cemetery Bd.,Flo. 95237-0
cemetery, but they must first notify next of kin oftheir actions. Southwick Inc., a
cemetery owner and operator, disinterred 37 sets of cremains(human cremated
remains) without first notifying next of kin of its actions. Cemeteries are statutorily
authorized to make their own rules concerning their day-to-day operations under
RCW 68.20.060. Southwick claims it was acting under its own rules in disinterring
the cremains without notice to family members, so it was acting with "authority of
law." Because Southwick's rules cannot supersede state statutes, we affirm the
Court of Appeals and hold Southwick was not acting with "authority oflaw" when