An upstate municipality that had no laws, codes or requirements governing the installation of wind turbine facilities until after a new town board imposed a moratorium cannot retroactively preclude a company from constructing energy-producing devices in Steuben County, an appellate panel in Rochester has held.
Articles filed under Legal from New York
The suit claims that the company was hired in October 2009 to perform engineering work on the proposed 246-megawatt wind farm on Galloo Island in the town of Hounsfield. American Consulting contends that it performed all the work required under its contract, but has received payment of only $108,503, with a balance due of $360,463.
According to the ruling, the Town of Richfield Planning Board improperly granted the permit for the project.
Kevin Sheen of EverPower continues to willfully disobey the wishes of the Allegany Town Board in what Judge Michael L. Nenno called "contumacious" conduct.
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.