News
Court hears Prattsburgh lawsuit
Supreme Court Judge Marianne Furfure said Tuesday she would not rule on a conflict of interest lawsuit against the town of Prattsburgh until a wind farm developer has a chance to be heard.
The lawsuit, filed by Al Wordingham and the Advocates for Prattsburgh charges town Supervisor Harold McConnell acted unethically when he cast a tie-breaking vote at an April 21 town board meeting favoring a 36-turbie project proposed by First Wind.
Before the April vote, McConnell told board members and residents he was paid by First Wind after helping broker a real estate deal for the developer.
July 2, 2008
by Mary Perham
in Corning Leader
Supreme Court Judge Marianne Furfure said Tuesday she would not rule on a conflict of interest lawsuit against the town of Prattsburgh until a wind farm developer has a chance to be heard.
The lawsuit, filed by Al Wordingham and the Advocates for Prattsburgh charges town Supervisor Harold McConnell acted unethically when he cast a tie-breaking vote at an April 21 town board meeting favoring a 36-turbie project proposed by First Wind.
Before the April vote, McConnell told board members and residents he was paid by First Wind after helping broker a real estate deal for the developer. McConnell said then the timing of the unsolicited payment made his vote valid.
The lawsuit names only the town board and McConnell.
Furfure said Tuesday that First Wind should be represented since a final ruling might "inequitable affect" the developer.
Furfure then dismissed the case, saying she expected it would be re-filed and scheduled for a later date.
McConnell's controversial vote broke a 2-2 town board deadlock and launched eminent domain proceedings against several property owners. The owners own portions of the road needed to lay cable for the First Wind project and have refused to sign easements.
The developer has already received easements for roughly 98 miles of road way needed for the project's underground electrical transmission cable.
But the remaining 2 miles of road owned by several property owners is essential to the project.
First Wind officials have said publicly going ahead with the project without the remaining easement will be very difficult.
But Advocates argue the project's future is not a reason for McConnell to violate the public trust.
Advocates' attorney Derek Brocklebank said McConnell violated both state law prohibiting pubic officials from receiving gifts and compensation, and the town's code of ethics, adopted in 1970.
"This is a clear and unbelievable case of corruption by a town official," Brocklebank said.
McConnell also broke a 2-2 vote by the board on June 24 for eminent domain.
Town Attorney John Leyden told Furfure the Advocates could not bring the charges since they had not been "specifically damaged" by the eminent domain action. He also argued the type of lawsuit was inappropriate.
Brocklebank said later he expects to file a new lawsuit by Thursday.
The lawsuit, filed by Al Wordingham and the Advocates for Prattsburgh charges town Supervisor Harold McConnell acted unethically when he cast a tie-breaking vote at an April 21 town board meeting favoring a 36-turbie project proposed by First Wind.
Before the April vote, McConnell told board members and residents he was paid by First Wind after helping broker a real estate deal for the developer. McConnell said then the timing of the unsolicited payment made his vote valid.
The lawsuit names only the town board and McConnell.
Furfure said Tuesday that First Wind should be represented since a final ruling might "inequitable affect" the developer.
Furfure then dismissed the case, saying she expected it would be re-filed and scheduled for a later date.
McConnell's controversial vote broke a 2-2 town board deadlock and launched eminent domain proceedings against several property owners. The owners own portions of the road needed to lay cable for the First Wind project and have refused to sign easements.
The developer has already received easements for roughly 98 miles of road way needed for the project's underground electrical transmission cable.
But the remaining 2 miles of road owned by several property owners is essential to the project.
First Wind officials have said publicly going ahead with the project without the remaining easement will be very difficult.
But Advocates argue the project's future is not a reason for McConnell to violate the public trust.
Advocates' attorney Derek Brocklebank said McConnell violated both state law prohibiting pubic officials from receiving gifts and compensation, and the town's code of ethics, adopted in 1970.
"This is a clear and unbelievable case of corruption by a town official," Brocklebank said.
McConnell also broke a 2-2 vote by the board on June 24 for eminent domain.
Town Attorney John Leyden told Furfure the Advocates could not bring the charges since they had not been "specifically damaged" by the eminent domain action. He also argued the type of lawsuit was inappropriate.
Brocklebank said later he expects to file a new lawsuit by Thursday.
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