Orangeville anti-wind lawsuit dismissed

ORANGEVILLE — The lawsuit filed by a group opposing the proposed Stony Creek Wind Farm has been dismissed, town officials said.

State Supreme Court Justice Patrick NeMoyer dismissed the lawsuit Tuesday during a hearing in Buffalo, said Supervisor Susan May in a news release issued by the town.

She said NeMoyer found the Town Board acted responsibly and justly in passing the zoning ordinance, and rejected the assertion any of the voting town councilmen had conflicts of interest.

"Although we are pleased with the court's decision, the town board was very confident that the legal process would prove that we acted properly, ethically and in full accordance with New York State law when approving our zoning code, especially as it relates to wind energy systems," May said in a prepared statement.

"We owe a debt of gratitude to Wendel Duchscherer for their detailed and independent review of the zoning ordinance and to our town attorneys, David DiMatteo, David Roach, and Wendy Marsh, for assisting us with the passage of the zoning ordinance and in defending the town board against this frivolous lawsuit that needlessly expended taxpayer money," she continued.

Gary Abraham, the attorney for Clear Skies Over Orangeville, said Wednesday the group will appeal.

"Towns cannot be allowed to elevate noise levels in rural residential areas by up to 25 decibels, a change NYSDEC classifies as 'intolerable,'" he said. "Wind farms are appropriate only where they do less harm."

Clear Skies Over Orangeville filed suit against the Town Board in January. The group sought to invalidate the town's 2009 zoning amendments.

The suit also asked the court to declare the Town Board lacked jurisdiction to vote for the zoning; award attorney fees and similar costs; and any other relief the court deemed proper.

The town argued the suit was invalid and represented "a frontal assault on wind energy development in the Town of Orangeville, the Town of Orangeville's entire zoning scheme, and its comprehensive plan."

The Town Board spent more than two years researching and performing its due diligence in adopting a zoning code that adequately protected the interests of Orangeville and its residents, May said.

"We look forward to continuing to work with the entire community in completing a thorough and full review of the proposed wind farm without further delay or unnecessary litigation," she continued.

The Chicago-based Invenergy has applied to build the 59-turbine wind farm in the town.