posted April 5, 2006
A judge has dismissed a lawsuit brought by Walker County to try to recover costs from a cleanup of the Tri-State Crematory property at Noble, Ga.
Judge William Smith said he had read all the motions and legal briefs in the case and was dismissing the suit "for failure to state a claim for which relief can be granted."
Stuart James, an attorney for the Marsh family that operated the crematory, earlier said the crematory was located on private property.
He also said the county waited too late to bring the suit, saying it was filed more than two years after uncremated bodies were found at the crematory.
The dismissal was in a brief order by the judge who was assigned to the case after local judges recused themselves.
Walker County had sued a host of funeral homes in addition to the Marshes.
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