It's a battle that's been raging for the past three years, pitting Town of Tonawanda residents against owners of the Amigone Funeral home.
On Tuesday, a judge determined Amigone's crematory will not re-open, at least for now.
State Supreme Court Justice Jeanette Ogden is requiring the funeral home, located on Sheridan Drive, to get a new state permit before proceedings can move forward.
The crematory closed in 2012 when the State Attorney General issued an assurance of discontinuance.
Nearby residents have long complained about strong odors, dust and noise coming from the facility.
Attorney's for the funeral home say they will file an appeal.