Petitioners are residents and landowners in the Towns of Warren and Stark, who challenge two special use permits issued in June of 2007 by the respondent town boards authorizing the construction of the Jordanville Wind Power Project. This Article 78 petition seeks to annul and vacate actions taken and determinations made by the respondent town boards, alleging a violation of, inter alia, the State Environmental Quality Review Act (SEQRA) and the Open Meetings Law. The proposed project is for the construction a 68 turbine wind farm in the [*2]subject towns in Herkimer County which, when fully operational, will generate 136 megawatts of electric power from the wind which will be introduced into the New York State Electric Grid.

The full decision by NY Supreme Court Justice can be Donald A. Greenwood can be downloaded via the below links.

 NOW, therefore, for the foregoing reasons, it is

ORDERED, that the actions of the respondents Town of Warren Town Board and Town of Stark Town Board pursuant to SEQRA and its regulations, in their adoption of the FEIS and issuance of the subject special use permits, are annulled and vacated as is fully set forth above, and it is further

ORDERED, that the SEQRA review is remanded to the respondent Town of Warren Town Board for compliance with the SEQRA process consistent with this Decision and Order, and it is further

ORDERED, that the determinations made by the respondents Town of Warren Town Board and Town of Stark Town Board made after the improperly closed executive sessions held in violations of the Open Meeting Law are annulled and vacated as is set forth above, and it is further

ORDERED, that plaintiffs are entitled to attorneys fees solely on this issue of the violation of Open Meetings Law. Counsel for petitioners is directed to submit an affidavit regarding services rendered therefor, and it is further

ORDERED, that the remaining contentions set forth in the petition are denied as without merit, and it is further

ORDERED, that the respondent's cross-motion pursuant to CPLR §3024(b) is granted.

ENTER

Dated: December 7, 2007

Syracuse, New York
DONALD A. GREENWOOD
Supreme Court Justice

 

Web link: http://www.courts.state.ny.us/reporter/3dseries/20...

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