Snellville braces for possible crematory lawsuit

Snellville Mayor Jerry Oberholtzer said city officials are bracing for a possible lawsuit as the debate over a controversial crematory near homes heats up.

The mayor said City Attorney Michael Williams cautioned the City Council that the city could face two lawsuits — one they can win and one they could lose. On one side of the issue, droves of residents are seething about the crematory at U.S. 78 and Abington Drive that backs up to homes.

Worried about a negative impact on their property values and health, they’ve organized community meetings, collected money for an attorney and embarked on a campaign to rally neighbors through emails, phone calls and fliers.

There is no scientific evidence the crematory poses an environmental threat to residents and such businesses are permitted under Georgia law.

On the other side, stands Chris Nuzum, the owner of Cremation Society of the South. He has complied with state regulations, which earned him a state license last week. And he said crematories aren’t dangerous. And he has complied with city regulations, which should have earned him a Certificate of Occupancy, a permit required to open a business in Snellville.

“I definitely feel its discriminatory,” Nuzum said Monday. “We should have our certificate of occupancy today.”

But, for now, City Council members have delayed the issuance of his permit, an atypical move the mayor fears could land the city in court.

“Basically, we didn’t follow our own rules and we denied him the right of due process,” Oberholtzer said.

Nuzum had planned to open his business this month. Any delay would mean lost revenue, money Nuzum said he would seek from the city in a lawsuit.

“It scares me,” Oberholtzer said. “We’re risking a great deal of money.”

The council doesn’t usually get involved in the permit process, overseen by the planning department.

This time, the mayor said council members are stepping in because of politics — dozens of angry residents who are vowing to vote against supporters of the crematory.

Mayor Pro Tem Warren Auld and council members Kelly Kautz and Robert Jenkins have all voiced concerns about the possible health risks posed by a crematory near homes. They insist they are not caving to any political pressure.