Appeals Court Upholds Dismissal Of Walker County Claim In Crematory Case

  • Monday, March 12, 2007

The Georgia Court of Appeals has upheld the dismissal of claims filed by Walker County, Georgia, against Tri-State Crematory, the Marsh family, and various funeral home defendants.

The county had sued to try to recover costs from a cleanup of the Tri-State Crematory property where hundreds of uncremated bodies were found at Noble, Ga., near LaFayette.

Judge William Smith earlier dismissed the lawsuit "for failure to state a claim for which relief can be granted."

Attorney Stuart James said the Marsh family "believes that the Court of Appeals issued a ruling which is clearly in line with long-standing Georgia law.

"A close review of the opinion shows that Walker County simply does not have the right to bring a claim against the Marsh family or the funeral home defendants.

"Georgia law does not allow the county to sue the Marsh family and the funeral home defendants. The Marsh family is pleased with the opinion of the Court of Appeals and pleased that the Court of Appeals upheld the decision of Judge Smith dismissing these claims in accordance with Georgia law."

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