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.
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