Article 78 Cases 97758, 97759 and 97760 will be heard by Marianne Furfure in Supreme Court, Bath, NY October 2, 2007 10:00 AM
Cohocton Planning Board, Leaseholders and UPC Court Actions
On Friday, August 31, 2007 three separate Article 78 legal actions were filed with the Supreme Court in Bath, NY. These law suits were brought by thirty-three residents and property owners in Cohocton, NY against the Cohocton Planning Board and its members. Also named are UPC Wind and their various LLC alias companies and fifty leaseholders who have agreements with the industrial turbine developer.
For the better part of eighteen months scores of Cohocton property owners have spoken at public meetings, submitted factual evidence and appealed to both the Planning Board and Town Board to take prudent and diligent caution in approving an ill-conceived wind project. As a member of Cohocton Wind Watch, the case against the UPC project has been made in the press and at countless Cohocton meetings.
The Planning Board has blatantly refused to incorporate any of the protective safeguards into their findings. With the approval of the factually flawed UPC findings in the FEIS and the issuance of blanket “Special Use” permits, the Planning Board has committed malfeasance. All residents and property owners bear the financial burden and risk of town insolvency coming out of a wind project that is doomed to implode.
The current administration and all their hand picked appointees have followed orders from the “so called” Albany town attorneys, paid with UPC funds, to fast track approval. The process has been based upon fraud and systematic violations of the law and regulatory requirements.
Two law suits have previously been filed. The town attorney acknowledged in court that Windmill Local Law #1 did not follow the SEQRA requirement, which ostensively is the reason for the need to pass Windmill Local Law #2. Supreme Court judge Furfure has yet to rule on WLL#2, but the Supervisor stated that his administration is not concerned about any ruling by the judge. The UPC project is the legacy of the incumbent administration.
Zigenfus’ dictatorial policy prohibits public comments before the Town Board, endless correspondence go unanswered and official documents are concealed, altered or destroyed. This arrogant abuse of authority has left no other alternative than to file actions with the court. This round of litigation most likely will be only the beginning of a flood of actions coming from parties unrelated to us or CWW.
Shakespeare said it best when Mark Antony spoke: “Friends, Romans, countrymen, lend me your ears; I come to bury Caesar, not to praise him; The evil that men do lives after them.” The blame for this entire deceitful scheme to defraud Cohocton rests squarely within the collusion among the incumbents, their appointed boards, the leaseholders, UPC and their paid consultants and unethical lawyers.
The public support of families whose roots go back generations in being part of these lawsuits is testimony of widespread public outrage. Cohocton has been sold out with phony promises by corrupt town officials. Stand up for justice and accountability. Vote out the entire incumbent cabal. Turn out for the Public Informational Meeting on Tuesday, Sept 11th at the Cohocton Elementary School 7:00-9:00 PM.