[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


News Home

Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

Dismissal of Orangeville wind suit upheld on appeal  

Credit:  By Matt Surtel, The Daily News, thedailynewsonline.com 29 March 2011 ~~

ORANGEVILLE – A court decision which found no conflicts of interest among the Town Board has been upheld.

State Supreme Court Judge Patrick NeMoyer dismissed a lawsuit by Clear Skies Over Orangeville last April. The group then appealed his decision.

The court’s appellate division upheld the judgment on Friday.

The CSOO members had filed suit in January 2010. The group was seeking to invalidate the town’s 2009 zoning amendments which set the rules for wind turbine development.

The group was also asking the court to order the Town Board to comply with State Environmental Quality Review procedural mandates; to declare the Town Board lacked jurisdiction to vote for the zoning; award attorney fees and similar costs; and any other relief the town deemed proper.

The CSOO allegations were almost entirely rejected in NeMoyer’s decision. It confirmed the group had the legal standing to challenge the zoning amendments, and had demonstrated it might be adversely affected by noise, view and other wind farm impacts.

But the group’s arguments were otherwise denied.

NeMoyer found that the Town Board did not act unlawfully when it approved the zoning amendments. He also found no ethics violations or conflicts of interest among the voting members.

Any tangential or indirect interests CSOO alleged had been fully disclosed as required, NeMoyer ruled. Nor were any conflicts found between the town’s zoning amendments and comprehensive plan.

In issuing the negative State Environmental Quality Review declaration for the zoning amendments, the Town Board members had fulfilled their legal obligations, NeMoyer wrote. He added the town’s SEQR declaration was not illegal, arbitrary or capricious, and didn’t constitute an abuse of discretion.

Wind energy has been a contentious issue in the town.

CSOO opposes the Invenergy corporation’s proposed 59-turbine Stony Creek Wind Farm. It’s been the subject of occasionally-intense debate between opponents and supporters.

Invenergy has made NeMoyer’s 31-page decision – along with other project documents – available online at http://www.invenergyllc.com/stonycreek/.

Source:  By Matt Surtel, The Daily News, thedailynewsonline.com 29 March 2011

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.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.