Prattsburgh
A state Supreme Court restraining order will delay any action on a wind farm dispute in the town of Prattsburgh for at least a week.
Prattsburgh Town Board members were ready Monday to respond to a lawsuit filed by Ecogen on Nov. 16. In the suit, Ecogen alleges the board, specifically councilmen Steve Kula and Chuck Shick, have prevented the developer from moving ahead with a 16-turbine project in the town.
But instead, the board went into executive session after being notified a temporary restraining order had been signed by late Monday afternoon at the request of attorneys for Kula and Shick.
Shick and Kula say they need separate lawyers because they are individually named in the lawsuit. The Town Board is expected to be represented in the lawsuit by town Attorney John Leyden.
The order, signed by state Supreme Court Justice Stephen K. Lindley, in Monroe County, prevents the board from voting on a proposed settlement with Ecogen until further order of the court. The board can ask for more time to deal with Ecogen, according to the order.
The town has until Monday to reply to the preliminary injunction, with the next court date set for Tuesday.
The Prattsburgh board’s concerns about wind farms began last February, when residents in the nearby town of Cohocton complained noise from the operating First Wind turbines sounded like jet engines.
As a result of the nearby noise problem, the board briefly considered a moratorium in April to study the issue, but backed off by a 3-2 vote after Ecogen threatened to sue. Shick and Kula disagreed with the majority of the board and have continued to press for more information on potential noise and safety issues caused by the massive turbines.
Both councilmen repeatedly said the current Ecogen project would be exempt from any new action by the board.
In October, a dispute between town officials and the developer arose over a road use agreement required to construct the turbines. Charging Ecogen had changed the original agreement, the board unanimously agreed to hire an independent engineer to resolve the issue.
Kula said the individual lawsuits are baseless.
“I’ve said this publicly in the past, and I’ll say it again,” Kula said. “I’m willing to settle both lawsuits, both lawsuits, if Ecogen will just meet all the (state Department of Environmental Conservation’s) requirements on noise.”
Also, the recent election of Al Wordingham as supervisor and Anneke Radin-Snaith as councilman is reportedly another reason why Ecogen launched what appears to be a pre-emptive strike against the future town board. Both favor strict regulations for wind turbines and are replacing incumbents who support development.
After the election, Ecogen filed its lawsuit, essentially looking for permission from the court to move head with its development without any further delays.
Leyden said comments made during the campaign about setting up a moratorium on any wind development in the town may have alarmed Ecogen, which has been working on the project for more than eight years.
Ecogen’s lawsuit against the Prattsburgh town board is the second in a month.
In late October, Ecogen sued the neighboring Town of Italy, in Yates County, after board members rejected a plan to build 17 turbines and enacted a moratorium on development.
The Prattsburgh and Italy plans are part of the same project.
The Prattsburgh board will meet at 7 p.m. Monday to discuss the restraining order. The regular board meeting is set for Tuesday night.
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