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Winery sues to overturn vote blocking wind turbine  

Credit:  The Buffalo News, www.buffalonews.com 2 January 2011 ~~

CAMBRIA—The owners of Arrowhead Spring Vineyards sued the Town of Cambria last week in an effort to overturn the town Planning Board’s rejection of their plans to erect a wind turbine to power the winery and their home.

In a 166-page package filed in State Supreme Court, Duncan and Robin Ross said they were seeking a court order approving the wind turbine and declaring that no special-use permit was necessary for the project. They also are seeking a court ruling invalidating the town’s wind turbine law, which they say violates state law.

The Planning Board unanimously turned down the turbine Nov. 29 after heavy public opposition.

The board ruled that instead of a simple site plan review for an agricultural power project, a special-use permit was needed because the electricity also would go to the Rosses’ home.

The case has been assigned to Justice Richard C. Kloch Sr., but no date has been set for the matter to be argued.

Source:  The Buffalo News, www.buffalonews.com 2 January 2011

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