The Town of Prattsburgh moves forward Monday in a legal dispute against wind developer Ecogen.
Council members passed a motion to fight a stay against Ecogen and for Supreme Court Justice John Ark to clarify the 168 days to establish the company’s vested rights to the project.
This motion is part of a long standing legal battle between the town and Ecogen. Ecogen says the 168 period hasn’t started yet.
So Monday’s motion means Judge Ark can look into whether or not the 168 have passed and if that’s the case, the town would be in favor for negotiations with having the turbines in the town.
Town supervisor, Lenny McConnell, voted against the motion. He says he’s concerned with the litigation costs. The town has already spent $120,000 on the case.
Filing the motion will add $10,000 and continuing with the entire process will cost another $50,000.
McConnell says, “We’re here to work together and the town can’t afford to go any further. It’s just costing so much money and we have got to come to terms with this.”
Some Prattsburgh neighbors we spoke with say it’s not worth the money and other’s say it’s worth the fight.
Lynn Kesselring says, “We’re wasting money. We have spent so much money. We have already got $125,000 into this, now another ten and talking about this 168 days, it was never in the original settlement- that’s the reason why Ecogen is fighting this.”
Carl Wahlstrom says, “It had to be passed. Judge Ark gave them 168 days to prove they were vested, over 4 years ago. The attorney for Ecogen said they had already purchased the turbines and then said they were getting investors in line to buy the turbines. How can we be holding them up if they already have the turbines?”
If the judge finds that Ecogen’s 168 period hasn’t started yet, the town essentially loses this appeal and they are right back to where they started.
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