Snellville crematory threatens to sue city

The attorney for the owner of a controversial crematory is ready to file a lawsuit against the city of Snellville if it tries to rule against the now-shuttered business.

Kevin Moore, who represents crematory owner Chris Nuzum, said the City Council is trying to take the issue “out of the court’s hands” by weighing in with a vote after a decision by the Snellville Board of Appeals.

The appeals board, by a 3-2 vote Tuesday night, revoked the crematory’s operating licenses. The board ruled the building plan submitted by the crematory in 2006 differed substantially from what actually opened Sept. 2. It sent the matter back to City Council, which will vote Oct. 27 on whether to accept those plan changes.

Based on the appeals board decision, City Manager Russell Treadway ordered Cremation Society of the South to close shop Thursday.

“There’s no reason for the council to take any action,” Moore said. And there never was, he added, because the council isn’t supposed to get involved in administrative functions such as issuing permits, he said. That’s the job of engineers and city planners, he said.

And according to the city’s zoning ordinance, the property at U.S. 78 and Abington Drive was zoned to allow crematories, he added.

“It was zoned that before Chris Nuzum bought it,” Moore said. “[The council] may have a different view today, but their view doesn’t hold water.”