|
|
Published October 03, 2008 04:15 pm - 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.
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.
•
Click to discuss this story with other readers on our forums.
|
|
Announcements



: Special Offer For New Subscribers
:


 |
|
TRUCK DRIVERS NEEDED
for local construction project, must have CDL and experience on construction site belly dumps. 417-206-0930....>MORE
See all ads |
|
1999 CADILLAC SEDAN DEVILLE
Delegance, Michelin tires, Northstar, vinyl top, loaded, $3900/or offer. (417)850-0731....>MORE
2002 BUICK RENDEZVOUS
4 door, luxury leather trim, loaded, CD, sunroof, beautiful rig, extra nice, $4500. 1317 Schifferdecker...>MORE
1993 CHEVROLET LONG BED
runs good, 4.3 V6, new transmission, needs body parts, $400. (417)438-2508...>MORE
1979 SATURN
GOOD Economical car, 1979 Saturn, $2000 firm, cash only. (620)783-1751....>MORE
HONDA 2001 CIVIC EX
HONDA, 2001 Civic EX, 4 door, automatic, 94,000 miles, $5800; 1998 Accord, 4 door, $4200; 1999 Honda Prelude, automatic...>MORE
2001 DODGE RAM 1500
SLT/shell, 71,000 miles, 5.9l V8, tow package +, super condition reduced $7690. 417-358-5395....>MORE
HONDA, 2007 FIT SPORT,
customized interior package, automatic, air, AM/FM/CD, cruise, great mpg, low miles, excellent condition, $11,800. (417)...>MORE
2003 SATURN L200
4 door, 4 cylinder, 127,000 miles, $4495. 417-434-0925...>MORE
2001 FORD WINDSTAR SE
Sport, loaded, all options, great looking van, extra nice, $3200. 1317 Schifferdecker, Joplin....>MORE
2002 FORD TAURUS SE
nice car, 3.0 liter V6, $2900. 417-850-0731....>MORE
See all ads |
|
NEWER 3 BR/2 BA
Lots of upgrades and great location. $149,000 but all offers considered. 903 Katlin, Carl Junction. Pictures www.fsboloc...>MORE
3 ACRES
3 ACRES more/less with pond. Nice park-like setting, just minutes from Range Line. Close to area of newer homes. $19,900...>MORE
525 E. 41ST, JOPLIN, MO
to be sold at auction December 5th or before. Lovely all red brick home on large corner. 4 bedroom, 2 bath, double...>MORE
Deerfield Estates
in Carl Junction, prime building sites, reduced $10,000 each. 417-825-0052...>MORE
See all ads |
|
ANTIQUES FOR SALE
blue sette $350 2 lamps $75 coffee table $35 2 half side tables $35 2 mauve 60's chairs $225 will e-mail photos. 417-673...>MORE
REWARD $50,000 REWARD
Offered for any information leading to conviction of any person or persons known to have been involved in alleged ...>MORE
YORKIES
12 weeks old, 2 males, AKC, 1st shots, $175. 417-291-6590, Webb City...>MORE
DIAMOND SOLITAIRE
Pear-shaped, one carat, diamond solitaire in gold setting. $2,000. Please call 417-825-3238...>MORE
INDIAN HEAD PENNIES
INDIAN HEAD PENNIES, 35% Civil War II nickels, V nickels, Buffalo nickels, lots of other coins. Garage full of antiques ...>MORE
ENGLISH BULLDOG PUPPY
male, AKC, fawn/white, champion bloodlines, $900 or best offer. (417)396-3340...>MORE
5TH WHEEL
5TH WHEEL, 2004 Prowler Regal, 26’, 2 slides, loaded, nice. (620)674-2127....>MORE
ANGUS HEIFERS
6 Augus heifers, good foundation stock. (417)358-7519...>MORE
POODLES
POODLES, standard pups, born 10/10, registered, shots, wormed, family raised. Adorable personalities! 417-673-3892....>MORE
(2) TEACUP CHIHUAHUA
APRI puppies. (417)673-1997....>MORE
See all ads |
|
 |
|