Wind watchers in Prattsburgh still waiting

ROCHESTER, NY -- Less than a fortnight before a new town board assumes power Friday in Prattsburgh, members of the outgoing board signed a settlement agreement with the company Ecogen Wind LLC, in Ecogen v. Town of Prattsburgh, Ind. No. 09-16082.

They are waiting this week to learn whether a state court judge will approve it. State Supreme Court Justice Stephen Lindley asked individuals challenging the settlement to file their opposition papers by Tuesday.

Complicating the situation: Two minority board members filed a court action early this month requesting separate counsel in the matter, claiming town attorney John Leyden had a conflict of interest. That case is Kula and Shick, in their official capacities as Members of the Town of Prattsburgh Town Board v. Town of Prattsburgh Town Board, Ind. No. 09-17133.

The outgoing town board planned to convene a meeting Tuesday night to approve Leyden’s fees for work on the litigation. But the two minority board members and the incoming board oppose the payments, according to attorney Edward Hourihan of Bond, Schoeneck & King PLLC, who represents Steven Kula and Charles Shick.

Justice Lindley initially was expected to rule on both the settlement and the minority board members’ request for counsel by the end of the week.

Also before Justice Lindley is an Article 78 action Ecogen filed against the Town of Italy, Ecogen v. Town of Italy, Ind. No. 09-15485. In that case, Ecogen asked the court to review why its special use application under the town’s new wind zoning law was rejected.

The Italy town board asked the court to transfer the case to a judge in Yates County, where the property and interested parties are located.

During oral arguments earlier this month, Justice Lindley said from the bench that he would transfer the case to Yates — but might review the case there himself.

The judge’s decision on the motion to transfer venue could come at any moment, Italy’s special counsel, attorney Edward Premo of Harter Secrest & Emery LLP in Rochester, said Tuesday afternoon.