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Cohocton Wind Watch — Filing of Legal Actions  

On Friday August 31, 2007 three separate Article 78 law suits 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 law suits 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
P.O. Box 356
Naples, NY 14512
(585) 374-2130

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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