Tonawanda News

Local News

May 10, 2014

Appeals court rules that Amigone must stay in Town

(Continued)

Tonawanda News — Many residents in the area were hoping that the crematory would be allowed to move to an industrial area so that the issue could be resolved, Rebecca Newberry, of the Clean Air Coalition, said.

“It’s just disappointing that the state won’t allow them to move,” she said. 

Another legal landmark in Amigone’s story occurred last month, when State Supreme Court Judge Henry Nowak dismissed a petition for a permanent injunction that would have prevented the company from restarting crematory operations at the town location. 

The state attorney general’s office filed the lawsuit in September, arguing that the injunction would prevent the company from conducting future harm against the nearby residents, who have complained of offensive odors, soot and excessive noise for decades.

But in his decision, Nowak ruled that a six-month assurance of discontinuance agreement, which Amigone and the state signed in July 2012, is still in effect. The terms of that agreement still stand, Nowak said, so an injunction is not necessary.

“If respondents wish to open the crematory at the current location, they must first provide two weeks actual written notice to the attorney general advising of any new plan to renew operation,” Nowak wrote. 

Amigone must also hire a consulting firm to develop recommendations for changes that would ensure the crematory’s operations are compliant with the law and address residents’ concerns. And at least seven days before reopening, Amigone must submit a report of the firm’s suggestions to the Department of Environmental Conservation and the attorney general.

Contact reporter Jessica Bagley at 693-1000 ext. 4150, or follow her on Twitter @JessicaLBagley.

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