Amigone sues over crematory dilemma

TONAWANDA, N.Y. (WIVB) - The controversy over the Amigone Funeral Home crematory is heading to court. Angry neighbors have been trying to shut down the operation for years and now the business is fighting back.

When protests over odors and noise didn't shut the Amigone crematory down, neighbors and environmental activists convinced Attorney General Eric Schneiderman to step in. The Amigones agreed to shut the operation down for six months in July, an agreement that expired this week.

Ron Labuda said, "It's been fantastic! I've been able to open my windows. I've been able to go out and use my backyard."

The Amigones went looking to re-locate the crematory, but even when they found a new site they wanted, residents there protested. But the State Cemetery Board rejected the Amigones' application to move the operation, saying by law they had to stay put, leaving the family with few options, which even rubbed some of their neighbors the wrong way.

Neal Hodgson said, "What are they saying?  We are not going to let you move, we want you to keep that pollution in this neighborhood? That makes no sense. I feel the Cemetery Board should be on the same page as Amigone and us. Let them move."

Now we've learned the Amigones are suing the Cemetery Board. Their attorneys claim the board misread state law when it refused to even consider allowing the crematory to be moved.

Earlier this week, Erin Heaney of the Clean Air Coalition told News 5 they aren't opposed to moving the crematory out of the neighborhood, just not to another residential area.

"We respect the Amigones' ability to operate their business. We don't want them to do it in another residential neighborhood," she said.

The case goes in front of a State Supreme Court justice, next month. We have tried several times to get the Amigones' point of view but they have not returned our phone calls, nor has their attorney.