It has recently been brought to my attention from a legal source that Board members, and consultants and attorneys providing expertise to those boards can be sued if it is found they were negligent in the granting of Special Use Permits. Part of the case law cites specifically the need to due proper diligence and following the SEQR process correctly.
“A town and its principals have an obligation to abide by the law and act responsibly in considering the application for special use permits. If the town or its principals act negligently in granting such a permit, they could be sued by persons who may have been injured or suffered damage to their property as a result of the act.”
A town has a lawful and substantial interest in the safety of its citizens. It also has a liability exposure from the granting of special use permits on private land. To those in Cohocton where we know the Local Windmill Laws are still under litigation tread carefully before you issue any more permits for which we know the process has been flawed.
Judith Hall
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