Snellville, crematory operator settle

"We believe the settlement . . . allows my client to move forward with his business . . . and allows the city to move forward and put behind it a problem — a problem not caused by my client," Kevin Moore, Nuzum's attorney, said Monday.

Moore would not offer details on the settlement and City Council members would not comment. Under the settlement, Nuzum agreed to remove crematorial equipment from the house within six months and then sell the property. The city is also expected to rezone the property to prevent any other crematory from moving in.

"That lawsuit is over," Mayor Jerry Oberholtzer said.

Over the past year, the controversy has stirred intense debate among Snellville residents and city leaders. It even triggered a state law preventing crematories from locating within 1,000 feet of residential subdivisions. That law goes into effect July 1.

The issue heated up in July, when residents learned Cremation Society of the South was setting up shop in a house at U.S. 78 and Abington Drive. For weeks, hundreds of angry homeowners packed Snellville City Hall in protest. Some expressed concerns about what they might see, smell, hear or breathe. Some worried property values would plummet.

When asked Monday how he felt about the settlement, resident Larry Finney, who lives "exactly 278 feet" from the facility, said, "Happy."

The crematory appeared to catch city leaders by surprise. Officials thought the location would be used as an office for lawyers or real estate agents. Even so, they said, their hands were tied. The property had been rezoned in 2006 to office professional, which didn't exclude crematories.

As the controversy swirled, so did the finger-pointing, council infighting, zoning inquiries and environmental impact studies. But efforts to stop the crematory from opening proved futile. Nuzum met city and state requirements for his business and despite a chorus of resident protest to city officials, he opened the operation Sept. 2.

"We're in business and we're actively cremating," Nuzum said at the time.

In mid-October, the city revoked Nuzum's operating licenses, shuttering his business after an appeals board ruling over building plans.

Nuzum fought back in November. He sued the city, its planning department and its appeals board for unspecified damages and demanded the return of his licenses.

Meanwhile, Councilwoman Kelly Kautz drafted an air quality control ordinance to monitor crematory emissions. The state attorney general recently threw cold water on the ordinance, saying it was pre-empted by the Georgia Air Quality Act.

CREMATORY CHRONOLOGY

Nov. 26, 2001: The Snellville City Council votes for a zoning ordinance overhaul, which includes allowing crematories without special approval from the council.

Jan. 9, 2006: Property at U.S. 78 and Abington Drive is rezoned from residential to office-professional. Crematories fall under the office-professional designation.

November 2007: Crematory owner Chris Nuzum submits building plan to the city's planning department.

February 2008: Mayor Jerry Oberholtzer says he learns of the project, but that it was past the point of no return.

May 2008: Planning department issues crematory a building permit.

July 2008: Hundreds of residents pack City Hall to protest the crematory near homes.

• City Manager Russell Treadway is asked to study the environmental impact.

• Nuzum files a request for a certificate of occupancy, a permit required for any business in Snellville.

• City leaders issue a 90-day moratorium on any new building permits in areas zoned office-professional.

• The City Council delays the crematory's opening to gather more data about its environmental impact.

Aug. 12, 2008: Nuzum obtains a state license.

Aug. 25, 2008: City Manager Russell Treadway and interim Planning Director Jason Thompson say they see no legal reason to block the crematory opening.

Sept. 2, 2008: Cremation Society of the South opens.

Sept. 8, 2008: City Attorney Mike Williams tells the council it has no legal authority to regulate crematory emissions. Councilwoman Kelly Kautz, also an attorney, disagrees. She drafts an air-quality control ordinance.

Sept. 22, 2008: Kautz introduces her ordinance.

Oct. 13, 2008: The city delays voting on Kautz's ordinance to obtain an opinion from state attorney general's office on whether the measure conflicts with Georgia Air Quality Act.

Oct. 14, 2008: The city's appeals board, by a 3-2 vote, revokes the crematory's operating licenses, saying the building plans originally submitted were substantially different from the operation that opened.

Oct. 16, 2008: The city orders crematory to close.

Oct. 22, 2008: Harmit Bedi is named new planning director.

Nov. 10, 2008: The City Council changes the zoning ordinance to remove crematories from any city district. Cremation Society of the South is a pre-existing business, so it is excluded.

Nov. 12, 2008: Nuzum sues the city, seeking unspecified damages and demanding the city reissue operating licenses.

January 2009: Resident Milus Maney, who lives next to the crematory, joins the lawsuit as a third party on the city's side.

March 16, 2009: In an unofficial opinion, the state attorney general says the city cannot regulate crematory emissions.

April 3, 2009: An amendment to a House bill preventing crematories from locating within 1,000 feet of a residential subdivision passes in the House and Senate. It will go into law beginning July 1.

Monday: City officials announce they've reached a settlement with Nuzum, ending one of the biggest controversies in city history.

Compiled by Shane Blatt