An appeal on a court ruling of a lawsuit brought against the town of Litchfield over an industrial wind ban law has been withdrawn.
The lawsuit asserted that the Litchfield Town Board violated several laws during the process of creating the local wind law that was passed last year.
While town law bans industrial turbines, smaller, domestic powered turbines – 120 feet or less at 50 kilowatts – are permitted.
In December 2012, a Herkimer County Supreme Court judge dismissed the lawsuit, and the five Litchfield residents – who first issued the complaint – had appealed.
The town’s Attorney Douglas Zamelis said in a release that the residents failed to “perfect their appeal within the time allowed,” so the town issued a dismissal of the appeal.
The plaintiffs’ Attorney Meave Tooher, of Tooher & Barone, LLP, in Albany, said they withdrew the appeal because of financial considerations.
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