Town of Allegany officials are currently reviewing a second lawsuit filed against the town by EverPower Wind LLC., this time against the town planning board.
Town Supervisor John Hare has confirmed that EverPower officials recently filed a lawsuit with Cattaraugus County Supreme Court against the planning board because the company objects to a request to prepare and submit a Supplemental Environmental Impact Statement for its proposed changes with wind turbines to be used for the project. Another issue raised in the lawsuit is that EverPower objects to not receiving a further extension of its permit on the original project. EverPower officials have not responded to the Times Herald’s requests for comments on the second lawsuit.
In October, EverPower filed a lawsuit with the same court against the town board in connection with the proposed 29-turbine wind project in the Chipmonk and Knapp Creek areas.
On Monday, Dan Spitzer, the town consulting attorney on the project, said he is currently reviewing the second lawsuit and expects to respond to it on behalf of the planning board in mid-December.
“I don’t believe there is any merit to the suit,” Mr. Spitzer said. “This is a continuing pattern by this company to use litigation as leverage in negotiations.”
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