Don Oliver, attorney for Walker County government A judge has dismissed Walker County’s lawsuit seeking $2 million for costs at Tri-State Crematory. County Attorney Don Oliver said he will appeal the ruling.

Walker County officials are seeking $2 million in damages from the funeral homes, as well as from the family of former crematory operator Brent Marsh. The county set up a crisis center, morgue and other facilities, and incurred additional labor and overtime, according to the suit.

Authorities in February 2002 launched an investigation that led to the discovery of at least 334 sets of remains on the crematory’s property in the Noble community, which is north of LaFayette on U.S. 27.

Former operator Brent Marsh pleaded guilty and was sentenced last year to 12 years in prison.

In his ruling, Muscogee Superior Court Senior Judge Bill Smith agreed with defense attorneys that the county “failed to state a claim upon which relief may be granted.”

Smith also issued a certificate for immediate review, which opens the door for an appeal.

Oliver said he wasn’t surprised by the judge’s decision.

“(Smith) would not have granted the certificate of immediate review unless he thought it was a very close question,” Oliver said. “We will be appealing the order and asking for the appeals court to overturn this order. This is just another step in the process.”

The appellate review will probably take four to six months, he said. Oliver said the county is not seeking reimbursement for the investigation, because that is part of the duties shouldered by government. His contention is that it was the Marsh family’s responsibility to clean up the mess left behind by the recovery process.

“We stepped in and did it because of the circumstances, but we were certainly under no obligation to do it,” Oliver said, adding he is still confident the county will prevail.
“We feel like we’ve got a good case,” he said. “This is an area of law that doesn’t have very much case law. I think that’s what the judge was doing (with his ruling). (Smith) knew either side was going to appeal this order no matter which way it went. Everybody knew from day 1 that this was an area of law that would have to be settled by the appeals court.”

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