Judge sides with city in crematory issue w/ judge's decision

By Derek Spellman

dspellman@joplinglobe.com

A Jasper County judge has affirmed the Joplin City Council’s decision to grant a permit for the installation of a crematory at a local mortuary.

Joplin resident G.W. Jackson and his son, Ryan Jackson, had filed suit in February alleging both the City Council and the city’s Planning and Zoning Commission violated procedures when they granted the permit to Parker Mortuary, 1502 S. Joplin Ave., for the planned crematory earlier this year. The Jacksons live and own property in the area of the mortuary and had asked the court to void the city’s action.

The city of Joplin, along with all members of the City Council at the time and with Huddleston Mortuary Inc., doing business as Parker Mortuary, were named as co-defendants in the action.

In the petition, the Jacksons contended the city failed to follow zoning regulations in granting the permit, and that it wrongfully tossed out petitions of protest filed by residents objecting to the operation of the crematory in a neighborhood the Jackson’s contend is otherwise zoned for residential use.

But in upholding the city’s decision, Circuit Judge David Dally ruled this week that “any insufficiency in the notice of any hearing was obviated by the fact that the (Jacksons) had actual notice of any and all hearings conducted by the defendants.”

When contacted for comment Friday, Ryan Jackson told the Globe that the family planned to appeal the decision.

Assistant City Attorney Peter Edwards on Friday said the city “felt all along that it provided a fair forum for all parties.”

Tom Keckley, an owner of Parker Mortuary, said the mortuary has proposed to construct the crematory because it is trying to provide a service that the area needs. The proposed site is next to the mortuary because it affords better security, he said.

“We feel we are on the right side,” Keckley said. “We just feel like we are trying to serve our community and our market with something that they desire.”

The mortuary has delayed construction pending the resolution of the legal challenges that have been mounted by the Jacksons, Keckley said.

The Jacksons are also appealing two permits — one for construction, the other for operating — already granted by the state Department of Natural Resources for the crematory, Keckley said. A hearing on those appeals has been scheduled for the Administrative Hearing Commission for mid-January 2009, he said.

The Jacksons led a campaign in December 2007 and January against the crematory proposal that included buying newspaper and television advertising, and hiring or securing attorneys and environmental consultants to help present their arguments against the operation. They contended that a crematory at the mortuary would emit mercury or other toxins and emit odors that would devalue their property.

In the lawsuit, 19 pieces of property are listed as being owned by the Jacksons within about three blocks of the mortuary. The Jackson family owns and operates a railroad construction business that includes the salvage yard at 10th and Main streets.