Tonawanda News — Although Amigone has not yet given notice of reopening, Cameron said the 2012 agreement does not bar the state from filing the suit.
“The state was fully prepared to litigate this matter then, and as a courtesy, we met with Amigone,” she said. “When it expired, it placed the state back where it was previous to the agreement — poised to litigate.”
Amigone’s statements to the press and public about their plans to reopen concerned the state enough to file the suit, she said.
“They awoke the state’s interest and public enforcement authority,” Cameron said.
But Knoer argued that Amigone is still in a waiting period and is still attempting to move the operation. Last year, the New York State Cemetery Board denied the company’s request to move the crematory, and the State Supreme Court upheld the decision. Amigone is appealing, and the case is set to be heard in February.
“We are doing everything we can to move, which we think is a win-win situation for everyone,” he said, noting that Amigone has also begun looking into improving the technology at the site to decrease emissions. “We are here because we think this is premature.”
Nowak has reserved decision on the matter.
Contact reporter Jessica Bagley at 693-1000, ext. 4150, or follow her on Twitter @JessicaLBagley.