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Argument Over Who Pays Tri-State Clean-Up Goes Before Court Of Appeals PDF Print E-mail
Written by DeadGirl   
Wednesday, 06 September 2006
By John Madewell
September 6, 2006

The Tri-State Crematory scandal is back in court, but this time the issue is money. And we're talking about the two million dollars to clean up the property and preserve bodies. Walker County lost its first suit against the Marsh family and a couple of funeral homes.
This morning, it tried again in front of the Georgia Court of Appeals, which was in Chickamauga marking the court's 100th anniversary.

The county argued Brent Marsh's action of not cremating more than 300 bodies was a public nuisance.
It is seeking repayment of two million dollars spent on overtime, heavy equipment rental, refrigeration and preservation of bodies during the Tri-State Crematory scandal.
Marsh's attorneys say this case closed when Brent Marsh guilty pleaded guilty and agreed to pay a 20 thousand dollar fine and eight million in restitution if he tries to make a profit.

Marsh family attorney Stuart James made a short and direct argument before the three judge panel of Georgia's Court of Appeals, "It's a real simple case, what Walker County wants to do is recover the cost of a criminal case, period."

James went on to argue that is not the purpose of district attorneys or criminal prosecutions. If granted, he said this would set an unbelievable precedent of civil suits off criminal cases.

County Commissioner Bebe Heiskell says the county filed suit to recoup related expenses, "I'm doing this for the citizens of Walker County and what they lost and they lost services that they had paid taxes for."

David Dumont, attorney for Rush Funeral Home, says Walker County can't reclaim expenses when it had full knowledge of Tri-State's lack of license. Dumont said, "They knew he was operating unlicensed and allowed him to do that, they didn't inspect and they knew he was operating. Walker County gave him a business license every year."

The Court of Appeals took all arguments under advisement.
It usually takes three to four months for a decision.

http://www.newschannel9.com/engine.pl?station=wtvc&id=6358&template=breakout_story1.shtml&dateformat=%25M+%25e,%25Y
 
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