Crematory dispute divides Jordan

When the Jordan City Council met in mid-July, Mayor Pete Ewals was not present, even though the council was going to be talking about a controversial crematory that he's adamantly opposed.

The reason for his absence: Earlier that day he had been served with a restraining order by the crematory's owner for allegedly assaulting him a few days before at a protest.

In fact, according to Ewals' lawyer, the mayor also will not be at next Monday night's meeting because of fears he would be violating the restraining order.

"We believe this is completely politically motivated," attorney Marsh Halberg said. "[The owner] is using the legal system for a political gain. It's an abuse of the process." Ewals denies assaulting the man.

The protest, alleged assault and restraining order are the latest twists in a battle over the Ballard funeral home, which opened its Reflections crematory a few months ago in downtown Jordan, across the street from a child care center.

Opponents want it moved out of town, fearful that potential emissions of mercury and other heavy metals are dangerous. The business owner and a majority of the City Council disagree. The nearly year-long fight has divided the small Scott County community, where people are hurling accusations of corruption, intimidation and lying.

"This can't go on forever," said Michelle Bisek, who owns the day care center across the street. "But the damage this has done to relationships between people in this town will last forever. I love my house and the friends I have made ... but now I just want out of this town."

The July 14 protest came shortly after a Scott County judge sided with opponents and ruled that the crematory had been issued an operating permit illegally. Instead of closing, the crematory and its owner, Mark Ballard, have continued incinerating bodies without a valid use permit.

Meanwhile, the city of Jordan has decided to appeal the judge's ruling, allow the crematory to keep operating without a permit, issue no citations and look into rewriting its ordinances to allow the crematory to stay.

"In my opinion, the decision to appeal the district court judgment ... is a waste of taxpayer money," said Thom Boncher, the only City Council member to vote no on the matter. "The decision to not enforce the zoning code ... is a breach of public responsibility."

None of the pro-crematory council members is talking, citing pending litigation.

Police Chief Bob Malz said he has been told by prosecutors that he cannot shut down the crematory, make arrests or issue citations over its continued operation because it is a civil and not a criminal matter. Malz in June also took the unusual step of no longer having officers respond to complaints about the crematory.

City looking at options

The council's decision two weeks ago has infuriated opponents, who had successfully sued the city and won over the issuance of a conditional use permit last year.

"I was hoping the court decision would be the end of this," said Bisek, one of the plaintiffs who sued the city.

City officials said that the only comment they have on the judge's order is that they are appealing it and that the council will take up the matter on Monday.

City Administrator Ed Shukle and other city officials said not closing or citing the crematory is a financial decision because it would cost the city thousands of dollars to fight Ballard in court. Ballard doesn't believe he needs an additional permit to operate a crematory at a funeral home, city officials said, so he's seen as likely to sue if the city tries to shut him down.

Ballard did not return phone calls seeking comment.

Stuck in the middle

"The city is kind of in the middle," said Paul Merwin, the attorney for the city. "Cities make enforcement decisions all the time based on priorities and budgeting of taxpayer dollars. Enforcement action in this case would involve getting a court order. The city would have to bring a lawsuit and incur significant legal fees."

Merwin said the "simplest example" is ticketing cars for speeding. He notes that not all people who speed are caught. "The city could choose to hire additional police and put more patrol cars on the roads, but that costs money and staff time," he said.

But in this case, it is more analogous to a police officer seeing someone speeding and choosing not to stop them.

The state Department of Health, which issues operating licenses for crematories and funeral homes, is investigating the matter, but it will likely wait until the city's appeal is heard before deciding what to do, said Darcy Miner, director of the compliance monitoring division.

There are no state or national requirements for environmental review for crematories. A 2005 EPA report found that there were no known standards on crematorium emissions in North America and noted the need for further study. As of now, the country has more than 2,000 crematories, and the federal Environmental Protection Agency has not ruled that their emissions are above danger levels.

But the crematory still needs an operating permit, and the mayor's alleged assault on Ballard happened when opponents went to the crematory to ask him why he was running the equipment after the court ruled against him.

Chief Malz said that officers knocked on the door of the funeral home to talk with Ballard but that he did not come out.

When he did leave, about 1 a.m., he was confronted by the mayor and others as he tried to drive away, according to the restraining order, granted July 18.

Ballard, in his affidavit, says he was "verbally and physically assaulted" by Mayor Ewals.

"He had his head in my vehicle and was yelling at me and chasing me," Ballard wrote. "I am afraid to be at my business alone. I also have employees who are afraid to be alone."

The case was reported to the Jordan police but is being investigated by the Scott County Sheriff's Office to avoid a conflict of interest, Malz said.

"I think that once the facts and the truth comes out, those allegations will be dropped," said Christa Oldsberg, another plaintiff in the suit and a member of the Jordan Community Action Group, which is opposed to the crematory. "I think that the restraining order is uncalled for and ridiculous."

Heron Marquez • 952-707-9994