HAMMOND – After four months of deliberations, the State Supreme Court dismissed the case that pitted five landowners against The Town of Hammond.
According to court documents, State Supreme Court Judge David Demarest sided with the town in the Article 78 lawsuit, finding the town’s Wind Energy Facilities Law to be part of a “well-considered and comprehensive plan which serves its residents” and is not arbitrary or capricious.
The decision was dated June 26.
Landowners Michele W. and Daniel I. McQueer, Steven S. Demick, William F. Hadlock and Crayton L. Buck’s first filed the petition in 2011, one month after 2009’s Wind Energy Facilities Law was offically amended.
The landowners and Iberdrola Renewables leaseholders claimed that the law specifically targeted landowners who already had contracts in place to build turbines on their property, by being overly restrictive in where the wind turbines may be placed.
The town claimed the Wind Energy Facility Law was ordered “to ensure that public health, safety and welfare will not be jeopardized” by the building of wind turbines, the law states.
“I am glad that judge upheld the process that Hammond did…,” Town Supervisor Ronald W. Bertram said Friday.
Mr. Bertram said he estimated the lawsuit cost taxpayers approximately $31,000.
“We are looking forward to moving on,” he said.
There is no word on whether or not the landowners will appeal.
Mr. Buck would not comment on the ruling. Mr. Demick, Hadlock, Mrs. and Mr. McQueer, and their attorney Scott B. Goldie could not be reached for comment.
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