Attorneys for St. Matthew's Cemetery in West Seneca have asked a state Supreme Court justice to approve its decision to move more than 200 caskets back in April because the ground was unstable, but they'll have to wait another month for an answer.
- 200-plus St. Matthew's Cemetery graves were relocated following a river bank collapse
- St. Matthew's seeking court order to retroactively approve movement of graves without consent of families
- Judge Dennis Ward will make final decision next month
Two-hundred-and-fifteen bodies were moved at St. Matthew's Cemetery in West Seneca back in April after geologists determined the ground was shifting in part of the cemetery along Cayuga Creek.
On Monday, for the second time, Judge Dennis Ward declined to rule on whether that was appropriate action.
Attorneys for the cemetery asked for what's known as a “nunc pro tunc" order, which is essentially a retroactive approval of its decision.
They argue they had no time to contact families of the deceased to notify them of the situation.
Attorneys for the families say the cemetery violated State Cemetery Law, adding they still had time to contact the court and at least some of the families as the situation unfolded.
"The statute is very clear that the cemetery should have sought permission from the family members or through a court proceeding eight days at least beforehand," said Barry Covert, an attorney for more than 100 of the affected families.
Judge Ward says he intends to make a final decision on Wednesday, August 25.
At that time, he will also determine whether he has jurisdiction over any potential class action lawsuits by the families.