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IN THE SUPREME COURT OF IOWA
No. 64 / 06-0035 Filed September 14, 2007 MARTHA J. STARK, REBECCA J. LODGE, and TERRY J. STARK, Appellees, vs. ALITA L. STARK, Appellant.

Appeal from the Iowa District Court for Washington County, Michael R. Mullins, Judge.

Appellant appeals the district court's ruling permanently enjoining her from disinterring and reinterring her deceased spouse's remains. REVERSED AND REMANDED.

Jeffrey L. Powell of Tindal and Kitchen, PLC, Washington, for appellant.

Ann M. Klostermann McCrea of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellees.

2 LARSON, Justice. Alita Stark appeals the district court's order permanently enjoining her from disinterring her deceased spouse's remains for purposes of reburial. On appeal, we reverse the ruling of the district court and

remand for dismissal. I. Facts and Prior Proceedings. Joseph Stark died on February 15, 2005, survived by his wife, Alita Stark. Joe had previously been married to Audrey Stark, and they had three children together, the appellees in this lawsuit (referred to collectively as the Stark children). Joe was buried in Hillcrest Cemetery near plots owned by Audrey, his first wife, and the Stark children. In April 2005, Alita decided to move Joe's remains to Evergreen Cemetery, where Joe's parents were buried. Alita submitted an application to the Iowa Department of Public Health, Bureau of Vital Records (DPH), for a permit to disinter Joe's remains, and DPH issued the permit. The Stark children filed a petition in equity requesting temporary and permanent injunctions enjoining Alita from disinterring Joe's remains. The district court granted an ex parte order for temporary

injunction and, after a hearing, permanently enjoined Alita from disinterring Joe's remains. Alita appeals. II. Standard of Review. Matters involving disinterment of human remains are equitable in nature, and as such, our review is de novo. In re Sybers, 583 N.W.2d 890, 891 (Iowa 1998); Life Investors Ins. Co. of Am. v. Heline, 285 N.W.2d 31, 35-36 (Iowa 1979). III. Discussion. Iowa Code section 144.34 (2005) governs the disinterment of human remains.

3 Disinterment of a dead body or fetus shall be allowed for the purpose of autopsy or reburial only, and then only if accomplished by a funeral director. A permit for such disinterment and, thereafter, reinterment shall be issued by the state registrar according to rules adopted pursuant to chapter 17A or when ordered by the district court of the county in which such body is buried. The state registrar, without a court order, shall not issue a permit without the consent of the surviving spouse or in case of such spouse's absence, death, or incapacity, the next of kin. Disinterment for the purpose of reburial may be allowed by court order only upon a showing of substantial benefit to the public. Disinterment for the purpose of autopsy or reburial by court order shall be allowed only when reasonable cause is shown that someone is criminally or civilly responsible for such death, after hearing, upon reasonable notice prescribed by the court to the surviving spouse or in the spouse's absence, death, or incapacity, the next of kin. Due consideration shall be given to the public health, the dead, and the feelings of relatives. Iowa Code

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