Ecogen sues Prattsburgh

Prattsburgh, N.Y.

Wind developer Ecogen has filed another lawsuit against a local municipality in an attempt to erect electricity-producing wind turbines.

The lawsuit was recently filed in state Supreme Court in Rochester against the Prattsburgh Town Board and other town officials.

It is similar to legal action the company is taking against the town of Italy in Yates County, which has refused to grant Ecogen permission to build wind turbines there.
Ecogen had planned to erect 16 wind turbines in Prattsburgh and 17 in Italy as part of the same project.

The Prattsburgh lawsuit was made public at Tuesday’s town board meeting and essentially seeks permission from the court to move head with its development without any further delays.
The Prattsburgh Town Board has been split over wind development in the town in reaction to concerns residents have had on the impact towering turbines could have on the quality of their lives.

The board has not received a road-use agreement from Ecogen that regulates the transport of heavy equipment. Since Prattsburgh does not have zoning laws, questions of whether the town has the authority to issue building permits for the project have further delayed development.
Ecogen spokeswoman Beth O’Brien declined to comment Wednesday since the matter is in litigation.

Town Attorney John Leyden said he has not had an opportunity to study the allegations but believes Ecogen filed the lawsuit in response to the results of the recent town board election.
Two new members of the town board who said they favor strict regulations for wind turbines replace incumbents who have supported development.

“There were comments made in the election season (in Prattsburgh), there should be a moratorium,” Leyden said. “Motions were made. This lawsuit, I believe, is the company needs to know where it stands.”

Councilman Chuck Shick said the lawsuit is frivolous and Councilman Steven Kula said the lawsuit contains “blatant untruths.”

“(Ecogen says) they’re still waiting for the town to decide,” Kula said. “The truth is we are still waiting for them to sign the document that allows the town to go ahead with the engineering study we need for the road use agreement.”

Kula said his biggest concern is the lawsuit may persuade the lame-duck members of the town board to push an approval through before they leave office.

“What this really comes down to is, how does the court feels about municipal home rule?” Kula said. “The court is being asked to rule on whether local building permits are required, whether it can approve our road use agreement. I think the question is: Can the towns of Prattsburgh and Italy be compelled to do something they don’t believe is in their residents’ best interests?”