Updates

Monday's Town Board meeting was called to discuss the situation with the Ecogen Lawsuit. Many of you may recall that a significant issue in the lawsuit was if Ecogen had vesting in the proposed Prattsburgh project. Judge Ark said that the town board did not have a right to grant vesting, it is something that a developer achieves by significant construction.

The Judge had given Ecogen 168 days to do substantial construction to vest in the Prattsburgh project. Ecogen did not do any substantial construction. Now they have gone to Judge Ark to clarify when the 168 days starts, or started. They have also requested a stay.

Our attorney has advised that if our town board did not take counter action, it would indicate to the judge that we did not have an issue with Ecogen’s request. It has been the position of the majority of the town board that the 168 days has gone by and Ecogen did nothing.

There was some discussion between Lenny and Chuck about how much it would cost the town to respond to the Ecogen action. The board was able to get the attorney and clarify the issues to the satisfaction of the board.

The board voted to advise our attorney to counter sue and say that our opinion is that the 168 days are over and deny a stay. This part of the legal action will cost the town between 5-15 thousand dollars. Some of you know that at the last town board meeting $10,000 was given to the town board, money that had been collected from local people who want the money to be used for legal action. This $10,000 could be used for this legal
action.

I am not an attorney and this is my best effort at relaying what I saw at the meeting.

There were quite a few people in attendance at the meeting. It is so important for each of us to remain involved in these important issues.

Nancy Wahlstrom