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Legal battle continues between EverPower, Allegany 

Credit:  By Kate Day Sager | Olean Times Herald | March 8, 2013 | www.oleantimesherald.com ~~

ALLEGANY – The prolonged legal struggle between the town of Allegany and EverPower Wind LLC continued Thursday when an appeal was filed by the company objecting to the dismissal of its lawsuit against the town’s planning board.

An 11-page court document from Cattaraugus County Supreme Court stated that EverPower filed the appeal with the Appellate Division regarding last week’s dismissal of its lawsuit in entirety by Supreme Court Judge Michael Nenno.

EverPower, which had received approval to build the controversial $160 million wind farm in 2011 from the previous town board, was initially stalled in construction through a lawsuit filed by Concerned Citizens of Cattaraugus County. The 29-wind turbine farm had been designated for construction on the Chipmonk and Knapp Creek hilltops.

Allegany Town Supervisor John Hare and Kevin Sheen, senior director of development for EverPower, could not be reached for comment Thursday.

The lawsuit filed by EverPower in November asked the court for a preliminary injunction involving the planning board, which had directed the company to prepare and submit a Supplemental Environmental Impact Statement for proposed changes to their wind turbines. EverPower had also objected to the planning board’s denial in granting an extension on their original project.

* For complete stories, subscribe to the Olean Times Herald E-Edition. Please note that the e-Edition is separate from this partial listing. You have to log in under HOME and E-EDITION at the top of the web page. The e-Edition is in a PDF format. *

Source:  By Kate Day Sager | Olean Times Herald | March 8, 2013 | www.oleantimesherald.com

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 educational 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.

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