It could take even longer before the unidentified remains of 9/11 victims can rest in peace as one group takes the city to court over its burial plans.

The city currently plans to bury thousands of unidentified remains from the terror attacks under the National September 11 Memorial and Museum. However, many relatives who have not been able to identify lost loved ones argue the remains should be placed aboveground in a memorial similar to the Tomb of the Unknown Soldier.

Those opposed to the plan say they were never consulted and want officials to poll victims' families, but a judge ruled that releasing a list would violate the privacy of those families. That decision is now being appealed.

A spokesperson for the memorial and museum says the final resting place was determined in a process that started back in 2002, and that many relatives were consulted and expressed desire to have remains placed in a sacred bedrock.