Tonawanda News

The City

November 7, 2013

Attorney rails against suit

Tonawanda News — BUFFALO — An attorney representing Amigone Funeral home argued Wednesday that the state’s suit against the company is premature due to its lack of intent to restart crematory operations at the current site in the Town of Tonawanda.

“Obviously this courtroom is full of people interested in this case, but Amigone is not asking to reopen,” attorney Robert Knoer said, acknowledging the two dozen town residents who were in the courtroom Wednesday. “We are trying to move, and we would only reopen if the Department of Environmental Conservation and the attorney general’s office were satisfied.”

His statements came during motion hearings before State Supreme Court Justice Henry Nowak Wednesday morning. Knoer had submitted a motion asking the court to dismiss the suit, which seeks to permanently prevent the reopening of the crematory. 

But Jane Cameron, of the New York State Attorney General’s Office, argued that the injunction would prevent against the company conducting future harm against the nearby residents, who have complained of soot, odor and noise from the crematory for more than 20 years. The suit alleges that Amigone is unable to operate the crematory without violating state air pollution and nuisance laws.

“These residents are entitled to closure,” she said. 

Much of the discussion centered on the assurance of discontinuance agreement, which Amigone and the state signed in July 2012. The contract specified a six-month shutdown period. Per the agreement, Amigone is also required to give the state two weeks notice if they plan to restart crematory operations, a stipulation that is still in effect today, despite the expiration of the contract.

At the time the agreement was signed, New York Attorney General Eric Schneiderman said he reserved the right to file a suit if Amigone resumed the crematory’s use without hiring an expert to improve emission controls. 

Text Only
The City
Featured Ads
Seasonal Content
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Facebook
Front page
NDN Video
Arizona Prison Chief: Execution Wasn't Botched Calif. Police Investigate Peacock Shooting Death Raw: Protesters, Soldiers Clash in West Bank Police: Doctor Who Shot Gunman 'Saved Lives' 'Modern Family' Star on Gay Athletes Coming Out MN Twins Debut Beer Vending Machine DA: Pa. Doctor Fired Back at Hospital Gunman Raw: Iowa Police Dash Cam Shows Wild Chase Obama Seeks Limits on US Company Mergers Abroad Large Family to Share NJ Lottery Winnings U.S. Flights to Israel Resume After Ban Lifted Official: Air Algerie Flight 'probably Crashed' TSA Administrator on Politics and Flight Bans Raw: National Guard Helps Battle WA Wildfires Raw: Ukraine's Donetsk Residents Flee Senators Push to End Hamas Threat in Cease-Fire A Young Victim's Premonition, Hug Before MH17 Raw: Deadly Storm Hits Virginia Campground Death Penalty Expert: 'This is a Turning Point' Raw: MH17 Victim's Bodies Arrive in Netherlands