Thursday, March 11, 2010

Steuben County wind turbine project back in court

A wind energy company has revived a lawsuit against a small Steuben County town in hopes of forcing acceptance of a long-discussed wind farm.

Ecogen Wind LLC first asked a state Supreme Court justice in November to order the Prattsburgh Town Board to allow construction of 16 turbines. The board, which had a pro-wind majority last year, settled the case in late December on terms favorable to Ecogen.

Newly seated board members who were more skeptical of the proposed wind farm voted to undo the settlement in January, and the board has been pursuing a moratorium on such developments.

Now Massachusetts-based Ecogen is back in court seeking a judicial order that the settlement be honored and the Town Board compelled to allow construction. State Supreme CourtJustice John Ark is scheduled to hear arguments April 2 on the Ecogen motion.

The company has a similar case pending against the neighboring town of Italy, Yates County, where it wants to locate an additional 17 turbines. The turbines would be 415 feet tall and could generate up to 76 megawatts of electricity.

The Italy Town Board voted to kill the Ecogen plan in October. Observers said it might have been the first elected body in New York state to reject a wind farm outright.

Ecogen said it has spent more than $13 million on the two-town project since it was first proposed in 2002. Opponents in the two largely rural towns have raised various concerns, including noise, proximity of turbines to homes and property lines, compensation to the town governments, visual pollution and disruption of undeveloped land.

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