BUFFALO, NY — Drama reignited Friday over Amigone's controversial crematory in the Town of Tonawanda. A judge dismissed neighbors attempt to file a class action lawsuit. The Sheridan Drive facility was shut down in 2010, but it reopened in 2017 after making equipment upgrades and receiving proper permits from the New York State Department of Conversation.
Neighbors living behind the crematory say it continues to spew horrible orders and toxic ash, but Amigone Attorney Dennis Vacco denies those claims.
"That is absolutely a false canard. It is so totally false that this new facility, which is under the auspicious of the DEC and under the watchful eye of the DEC, that this facility is still in some way shape or form doing what they claim that it did in 2011," Vacco stated.
"Mr. Vacco can say it's the new device they have in there - doesn't cause any problems - well he doesn't live there and he doesn't smell it and he doesn't it on his window sills," said Robin Stein, Tonawanda resident.
Stein lives behind the Sheridan Drive crematory"When you go outside, you immediately smell it. It's very irritating to the eyes. You can't spend time outside because of the irritation. I also worry because I have pets and what's landing on the ground," explained Stein.
State Supreme Court Justice Joseph Glownia dismissed the motion in the attempt by residents to file a class action suit. the complaint was not served on "Sheridan Park, Inc., one of the entities Amigone operates. The motion was also dismissed because the complaint was filed after the DEC issued Amigone Crematory with a new operating in JUNE 26, 2017. Residents didn't file until October of 2018.
The complaint, filed by Attorney Kevin Stocker, representing residents, also called for a public nuisance,' but that was dismissed. He's now planning to refile the class-action.
"I believe we are doing to go forward with the private nuisance action to address toxins and the human soot remains in an action directly against Amigone and Sheridan Park, Inc.," responded Stocker.
In 2011, a University at Buffalo study found ash spread in the nearby neighborhood and estimated it reached a one mile radius. Vacco said all the claims made by the filing are "irrelevant."
Residents are now calling for independent testing, not tied to the DEC allowing for an independent monitoring by Amigone.
Since the crematory reopened, it has tripled its capacity.
"Which I believe is in violation of their grandfathered clause. Crematories do not belong in residential neighborhoods because of the toxins that they poot out and the human soot