Amigone Calls Attorney General’s Lawsuit Frivolous
Amigone Funeral Home Inc. moved to dismiss a suit filed by the New York State Attorney Generals office, calling neighbors’ concerns– many who are elderly- frivolous. The crematory, which has a long history of generating offensive odors, soot and excessive noise, has been the source of persistent community complaints for decades.
“Even after reading sworn affidavits from 43 residents, Town of Tonawanda Board members, and reports from the Department of Environmental Conservation, the Amigones still don’t believe that their crematory causes a nuisance,” said Carol Fritsch, who lives close to the crematory. “I’m shocked.”
“It was a terrible smell, a stench.” States resident and veteran Norman Dehn in his affidavit, “Most of the time I smelled the odors in the evening.”
“The Crematory created problems for me.” Stated 97 year old resident Mary Calleri in her affidavit, “It made me more isolated because the odors forced me indoors. This happened too many times.”
Tonawanda residents are encouraged by the Attorney General’s suit especially in light of the Amigone’s recent statements indicating their intent to reopen. On August 12th, the Amigones along with their attorney and public relations consultant, met with 6 residents to discuss their intent to reopen. The family sent a letter to neighboring residents a few weeks later, indicating they intended to restart the crematory on the parcel next store to their current location.
“I felt abused when I was notified he wanted to reopen,” said neighbor Mary Ann Dickerson, “I don’t understand why a family business would operate this way, after knowing we’ve had to live with the smoke and smell coming from his operation.”
According to the suit, the Attorney General seeks injunctive relief against the Amigones to protect the public welfare and the environment. In his October 2nd press release Attorney General Schneiderman stated, “The Amigone crematory has cast a shadow of this Tonawanda community for too long. The crematory’s offensive nuisance emissions have long plagued residents, interfering with such basic pleasure as opening windows and enjoying backyards. This lawsuit will reassure this community that the Amigone crematory will never again pollute their air and disrupt their lives.”
Clean Air has been active in the fight to stop the crematory from operating next to homes, working closely with home owners in the densely populated community adjacent to Amigone’s Tonawanda location.
Motions will be heard by Judge Henry Nowak on November 6th at 9:30am in Erie County Supreme Court (25 Delaware Ave. Buffalo) Part 25. Residents will be available for comment.
