The Tioga Preservation Group (TPG) filed this appeal of preliminary approval before the Court of Common Pleas of Tioga County, PA. TPG requests that the Court reverse the grant of preliminary approval and deny the preliminary land development plan granted wind developer AES.

AND NOW COMES Tioga Preservation Group, Dr. Stephen Ollock and Patricia Ollock (collectively "Tioga"), by and through their counsel Smith Carfwright LLP, and file this land use appeal pursuant to section 1001-A of the Pennsylvania Municipalities Planning Code( "MPC"), Act of July 31, 1968 P.L. 805, No. 247, as amended, 53 P.S.11001-A.

l. Tioga Preservation Group is a community organization comprised of individuals residing and/or owning property in Tioga County and surroundings and organized to address land use issues in those areas.

2. Dr. Stephen and Mrs. Patricia Ollock ("Ollocks") are individuals who own and reside at 191 Ollock Road, Mainsburg, Pennsylvania ("Ollock Property").

3. The Tioga County Planning Commission ("Planning Commission") is the entity charged with accepting, processing, and deciding applications for subdivision and land development approval under the Tioga County Subdivision and Land Development Ordinance ("Ordinance"). Ordinance 1 02.03.

4. On or about September 24,2007, AES Armenia Mountain Wind, LLC ("AES") filed a Land Development Application ("Application") with the Tioga County Planning Commission proposing to construct a wind farm on properties located in eastern Tioga County as more fully described in the Application. The Application indicated the intent to construct 72 turbines; upon reasonable belief, AES has increased the proposed number of tubines to 128 turbines.

5. Based on the information made of record before the Planning Commission on the Application, the properties proposed for land development are not owned by AES. AES represented to the Planning Commission that it intends to lease the properties included in the Application. However, no documents establishing the purported leasehold interests in the properties were made of record.

Editor's note: The full appeal filed with the court can be downloaded at the link below.

Download File(s):
AppealfiledbyTiogaPreservationGroup.pdf (387.39 kB)