Matter of Brander v Town of Warren Town Bd.  

Author:  Onondaga County, N.Y., Supreme Court

This Article 78 petition seeks to annul and vacate actions taken and determinations made by the respondent town boards, alleging a violation of, inter alia, the State Environmental Quality Review Act (SEQRA) and the Open Meetings Law. The proposed project is for the construction a 68 turbine wind farm in the [*2]subject towns in Herkimer County which, when fully operational, will generate 136 megawatts of electric power from the wind which will be introduced into the New York State Electric Grid.

The petitioners allege that the Warren Town Board, as the SEQRA lead agency, and the respondents Jordanville Wind, LLC (hereinafter “Jordanville”) and Community Energy, Inc. (hereinafter “CEI”) engaged in scoping for the Draft Environmental Impact Statement (DEIS) for the project in a way that prevented the petitioners and other members of the public from participation and that they thus committed a fatal procedural SEQRA error…

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