This complaint before the State of New York Supreme Court was filed by property owners in the Town of Yates, in Orleans County. The court action was in response to a resolution by the Town of Yates Town Board granting a special use permit for the installation of a 60 meter tall wind measurement tower ("MET tower") and the subsequent building permit issued to Donna Rae Bane. Ms. Bane owns the property on which the met tower will be sited.
The plaintiffs are asking the court to:
(1) Declare that the decision of respondent Town Board of the Town of Yates approving the LIGHTHOUSE WIND, LLC MET Tower violates SEQRA and is invalid and null and void;
(2) Designate the MET Tower application as a Type I action according to SEQRA and Ordering Respondents to comply with SEQRA's procedural mandates;
(3) Declaring that the June 11, 2015 Resolution and subsequent building permit are null and void;
(4) Awarding costs and disbursements and attorney fees of this proceeding;
(5) And ordering such other and further relief as the Court may deem just and proper.
The full complaint filed with the court can be downloaded by clicking the link on this page.