BUFFALO, NY - A judge denied a request from Amigone Funeral Home to relocate its crematory right next to a neighborhood.
The judge says Amigone cannot restart its cremation services in another location because doing so would violate a law banning new funeral home-crematory combinations.
Neighbors in Tonawanda started complaining about bad odors and soot coming from the funeral home's crematory, so Amigone shut down the operation for six months last year.
The state attorney general's office asked the funeral home to either relocate or hire an expert to recommend a solution to keep emissions to a minimum.
Amigone wanted to relocate, but neighbors who live near the new proposed site also got upset.
In September, the state cemetery board denied Amigone's request to relocate saying if it moved it would not be grandfathered in as a funeral home that also has cremation services.
The attorney representing Amigone said he believed the funeral home business should fall under an exemption in the state law allowing it to operate and do cremations.
"It's not really about the overall statute, it's about the exemption. And the exemption, we believe, is very clear that the business combination of Amigone Funeral Home and Sheridan Park is exempt from the provisions of the act as the exemption provides," says Robert Knoer, attorney for Amigone.
2 On Your Side reached out to Amigone to find out what their next move is, and we are waiting to hear back from them.