OLEAN – No decision was made Friday following a Supreme Court hearing for a lawsuit that is asking for a “permanent injunction” against the construction of a wind farm in the town of Allegany.
The 90-minute hearing, held in front of Supreme Court Justice Michael Nenno, was attended by a group from the Concerned Citizens of Cattaraugus County and its president, Kathy Boser. Concerned Citizens filed the lawsuit against several town of Allegany governing boards and its officials, as well as EverPower Wind Holdings LLC. Also in attendance were several town officials as well as representatives of EverPower and a team of three for its legal counsel.
The lawsuit against the controversial wind farm was filed by Buffalo attorney Richard E. Stanton on behalf of Concerned Citizens. The lawsuit asks for “permanent injunction relief until such time as a proper environmental review is coordinated in full compliance with the town’s zoning ordinance.” Concerned Citizens is fighting against the construction of a 29-wind turbine farm proposed to be built by EverPower on approximately 9,000 acres in the Chipmonk and Knapp Creek areas.
In his comments to Judge Nenno, Mr. Stanton brought out several points that were listed in the 120-page lawsuit.
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