No-show delays wind turbine vote by D & C reporter Steve Orr

Hours after a judge lifted an order blocking a Steuben County town board from voting on a wind-power developer’s lawsuit, the board met to consider settling the controversial case Tuesday night.

But one lame duck Prattsburgh Town Board member was an unexpected no-show at the meeting, and no vote was taken. Another meeting was scheduled for this Friday.

The developments Tuesday were just the latest wrinkles in a pair of lawsuits that Ecogen Wind LLC is using to try to compel Prattsburgh and neighboring Italy in Yates County to accept its proposed 33-turbine wind power project.

The Buffalo-area firm, backed by a larger partner from California, has sought permission for years from the two towns. But after the Italy board nixed that town’s part of the wind farm in October, and after voters chose anti-project majorities for both boards in November, the company filed its lawsuits asking the court to override the elected leaders and allow construction to begin.

After some Prattsburgh officials announced last week that they had arrived at a settlement with Ecogen and wanted to approve it before the board’s pro-wind majority left office on Dec. 31, two other board members asked state Supreme Court Justice Stephen Lindley to bar any vote. They argued that the Town Board had not properly considered their request for an independent lawyer to represent them in the case.

Lindley ruled late Tuesday afternoon that the matter had been properly considered, and said the board was free to vote on a settlement of the lawsuit. Lindley said, though, that he would not approve any lawsuit settlement until he had heard arguments and read legal papers submitted by the parties.

The matter was rendered at least temporarily moot when board member Sharon Quigley, who was expected to support the settlement before she leaves office, did not come to the meeting. Quigley could not be reached for comment this morning.

Town Supervisor Harold McConnell, who also leaves office at month’s end, said this morning that he hopes the board approves the settlement on Friday. He wouldn’t describe details of the proposed settlement but said it would allow the Ecogen project to go forward.

“We’ve supported the program right along and we’d like to see it go through,” he said. “The new regime when they come in … can tweak whatever they want.”