Prattsburgh board to vote on contesting Ecogen lawsuit

Prattsburgh, N.Y.

The Prattsburgh Town Board is expected to vote tonight on whether to fight a lawsuit filed by wind developer Ecogen.

The special meeting, at 6 p.m. in the Town Hall basement, follows a four-hour informational meeting Saturday held by the board.

Town Supervisor Al Wordingham said Saturday was an opportunity to present a clear view on what Ecogen’s plan to erect 17 towering turbines means to the town and its residents.

“Some of the people have never taken the time to understand,” Wordingham said. “Now tomorrow, we’ll listen to public comments for two minutes each. But this isn’t question and answer. We did all that Saturday.”

Wordingham said the board will base its final decision on “the content of what is said” and not on the number of people for or against fighting the lawsuit.

The new lawsuit asks the state Supreme Court to overturn action by the newly-elected board to rescind a legal settlement with Ecogen. Members of the prior town board struck a deal with the company in December before leaving office.

The December settlement cleared the way for Ecogen to begin constructing 17 wind turbines in Prattsburgh. Critics of the settlement charged the agreement violated home rule by taking away most of the town’s authority.

One key concern for residents may be the cost of fighting Ecogen in court.

Wordingham said the town’s potential defense team from Bond, Schoeneck and King agreed last week to wait until January 2012 to bill the town for legal services.

“And we’re already taking donations from people to help with the cost,” he said. “A lot of people.”

The board also voted, 4-1, Saturday to enact a six-month moratorium on any industrial wind development in the town. A strong supporter of Ecogen, Council-woman Stacey Bottoni voted against the moratorium.

The moratorium is designed to allow the recently appointed town Zoning Commission time to study wind development in the area and make recommendations for a town wind law.

Wordingham said if the court reinstates the December settlement, Ecogen would be exempt from the ban.