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Article 78 Lawsuits Filed

On Friday August 31, 2007 three separate Article 78 lawsuits were filed in Steuben County by citizens and property owners against the Cohocton Planning Board. (The UPC project known as Cohocton Pine Hill / Lent Hill and Dutch Hill Project has violated their conditional PSC permit. A stay has been requested from the Supreme Court on all construction. Improper siting of 51 industrial wind turbines in violation of Town and NYS law and regulations is the basis of the litigation.) Certain turbines intrude upon the property in adjacent towns and Ontario County.

These lawsuits are in addition to the action against Cohocton Windmill Local Law #2 pending before Supreme Court Judge Marianne Furfure and awaiting Fourth District appellate review on Cohocton Windmill Local Law #1. Town Supervisor Jack Zigenfus has stated publically that the Town of Cohocton is not concerned about the ruling by Judge Furfure.

At issue is the consistent and continual violation of zoning laws and lack of public health and safety protections in the UPC land use plan. The issuance of "Special Use" permits by the lead agency, Cohocton Planning Board, is challenged in these actions.

UPC has released statements that all permits have been granted and construction on the project has started. On Friday August 24, 2007 trucks working for UPC were cited by Steuben County Highway Department for operating without road permits.

Additional litigation regarding the UPC Prattsburgh Project as well as the Cohocton Project is being readied.

David P. Miller, Esq.
111 N. Main Street
Naples, NY 14512
(585) 374-2130



for this post

Anonymous Anonymous Says:

Court date set in Article 78 cases against Cohocton Planning Board. Cases 97758, 97759, and 97760 will be heard by Marianne Furfure in Supreme Court, Bath, NY on October 2, 2007 at 10:00 AM.

Anonymous Anonymous Says:

Cohocton group tries to block windmill projects. Click here to read the complete article published in the September 5th edition of the Elmira/Corning Star-Gazette.

Anonymous Anonymous Says:

Cohocton Wind Watch sues planning board, UPC: Town supervisor says he hasn't seen legal documents yet. Click here to read the complete article published in the September 6th edition of the Hornell Evening Tribune.


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