February 21, 2014
New York

Hardscrabble Wind Farm lawsuit progressing slowly

By Amanda Fries | Utica Observer-Dispatch | February 20. 2014 | www.uticaod.com

More than a year later since the initial suit was filed, attorneys still are compiling information regarding the Hardscrabble Wind Farm in Herkimer County.

“We’re going through some focused discovery,” said Jeff DeFrancisco, the residents’ attorney from DeFrancisco & Falgiatano Law Firm of Syracuse.

He said the discovery method being used will allow them to focus on certain issues “to hopefully expedite things.”

“I can’t publically say too much at the present time,” DeFrancisco said.

The lawsuit filed in state Supreme Court is against the entities responsible for the wind farm’s construction, namely Iberdrola Renewables.

The company’s Communication Manager Paul Copleman said it’s company policy not to discuss ongoing litigation publicly, adding there is “no statement at this time.”

It was in November 2012 that 60 Middleville, Newport, Norway and Fairfield residents filed the lawsuit due to complaints of the noise, view and negative impact that the 37 wind turbines bring to their backyards.

Some of allegations include:

* Negligence with assessing the site to ensure the project was appropriate and reasonably benefited the community.

* Private nuisance due to the noise, blinking lights as well as the “flicker effect” in the daytime, all interfering with the private enjoyment of the plaintiffs’ properties.

* Damages to the plaintiffs ranging from health problems to negatively impacting their enjoyment of their property.

State Supreme Court Justice Richard Platkin will be overseeing the case, DeFrancisco said.

While no timeline has been determined on when the discovery will be presented in court, DeFrancisco said it could be sometime in mid-summer.

As for what’s next, he said that first discovery must be completed.

“Then depositions, then setting up a trial date, if it gets that far,” DeFrancisco said.

URL to article:  https://www.wind-watch.org/news/2014/02/21/hardscrabble-wind-farm-lawsuit-progressing-slowly/