Kevin Sheen of EverPower continues to willfully disobey the wishes of the Allegany Town Board in what Judge Michael L. Nenno called "contumacious" conduct.
Library filed under Legal from New York
The prolonged legal struggle between the town of Allegany and EverPower Wind LLC continued Thursday when an appeal was filed by the company objecting to the dismissal of its lawsuit against the town's planning board.
The courts have ruled in favor of the Town of Litchfield's ban on industrial wind turbines. There was a lawsuit filed against the town board by leaseholders and their relatives.
This complaint filed in the New York Supreme Court details the specific impacts claimed by each plaintiff in regard to Iberdrola's Hardscrabble wind enegry facility, a 74 megawatt power project that went on line in early 2011. The project is located in Herkimer County, NY. The complaint includes a loss of enjoyment of outside activities on their land, and inability to open windows due to noise; some include loss of income due to noise (including as a voice teacher), and some note behavior changes in domestic and wild animals (one notes that bear, deer, turkeys, and grouse no longer frequent his land). No specific damage amount is requested.
State Supreme Court Justice Patrick NeMoyer ruled in favor of property owner Robert White, who said the planned wind turbine was too close to his hunting cabin off Bantam Road. The decision nullifies the special use permit and site plan approvals for tower T-28. Judge NeMoyer ruled the planned turbine was improperly sited within 1,320 feet of White’s cabin. He also dismissed Stony Creek LLC’s counterclaim that the cabin is not a dwelling. The decision issued by the judge can be accessed by clicking the links on this page.
Background: One month after the plaintiffs purchased defendants' 133-acre Otsego County property, they learned that plans were in the works for the construction of large wind turbines on the adjacent parcel. They thereafter commenced this action seeking rescission of the contract and money damages stemming from alleged fraud and misrepresentation on the part of defendants in conjunction with the sale. At issue was an order of the Supreme Court denying summary judgment to the defendants. Summary judgment is when the court rules against a party without a trial) to defendants. The court upheld the denial of summary judgment. The ruling can be accessed by clicking the links on this page.