Documents filed under Legal from New York

Save Ontario Shores, Inc. V Town of Yates, Lighthouse Wind LLC et.al.

Steinhaus-petition_and_complaint_thumb 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.
6 Jul 2015

Lawsuit filed against Invenergy in relation to Orangeville Wind Farm

Lawsuit_thumb Nearly 60 New York residents from Wyoming County are listed as plaintiffs in this lawsuit filed against Invenergy for lost quality of life and property value in relation to the Orangeville Wind Farm. The complaint was filed in early-August with the State Supreme Court in Wyoming County. Attorney Richard Lippes, of Lippes & Lippes in Buffalo, is representing the residents. The text of the complaint is posted below and can be accessed by clicking the link on this page. The names of the plaintiffs have been omitted from the filing.
1 Aug 2014

Matter of Frigault v Town of Richfield Planning Board

Ruling012114_thumb The New York Supreme Court Judge Donald J. Cerio annulled the Special Use Permit issued in September 2014 by the Town of Richfield Planning Board to Monticello Hills, LLC to construct six 492-ft wind turbines and related infrastructure in the western portion of Richfield. The ruling stated that the project did not comply with two of the eight standards required by the Town of Richfield Land Use Ordinance. The full ruling can be accessed by clicking the links on this page.
21 Jan 2014

Citizens v. Iberdrola Hardscrabble Wind Farm

S_c_filed_thumb 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.
22 Oct 2012

White v Town of Orangeville, Stony Creek Wind et.al.

White_v_town_of_orangeville_thumb 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.
4 Jan 2012

Robert H. Boyle Et Al. V. John Mcglynn Et Al.

2006-ny-boyle-v-mcglynn_thumb 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. 
20 Apr 2006

http://www.windaction.org/posts?location=New+York&topic=Legal&type=Document
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