Excerpt from the Complaint
This proceeding is brought pursuant to Article 78 and Section 3001 of the New York Civil Practice Law and Rules ("CPLR") and asks this Court to annul, vacate and void a Findings Statement and accompanying approval of a Final Environmental Impact Statement addressing a wind farm project proposed by ST. LAWRENCE WIND POWER, LLC, ("SLW"), both (the "approvals") filed with the town clerk on September 29, 2010 by the PLANNING BOARD OF THE TOWN OF CAPE VINCENT ("planning board" or "board").
The approvals lack substantial support in the record of the board's review in this matter because the board ignored the findings and opinions of its own engineering and acoustic consultants regarding the noise that would be expected from the project, and Wind Power Ethics Group's ("WPEG's") acoustic consultant, and instead the board elected to rely on SLW's findings and opinions regarding noise impacts.