The NYS Siting Board determined that 650 ft turbines were merely a “technical improvement” towering over us. If they are allowed to set this precedence, we will all lose.
Chad Zigenfus’ attorney has finished his legal review of the activities that led to the law amendment in 2019 allowing 650 ft turbines for which the 2020 board is working to repeal. Even if the town board of Cohocton repeals the law amendment, it does not effect the NYS Siting Board decision on May 6th to grant the developers amendment to implement 650 ft turbines. This is because the law in effect at the time of the decision allowed 650 ft. The town board repeal would only prevent future projects from implementing anything larger than 500 ft.
There is only one path to success, and that goes through Article 78 lawsuit against the Town of Cohocton. Only a court dismissal of the law amendment allowing 650 ft can be used to force the NYS Siting Board to change their decision. Based on Baron Winds claims of the project only being financially viable if they move to the larger turbines.
Chad’s attorney has identified not one, not two but 6 primary claim areas that each one alone is sufficient to overturn the law amendment in court. He is preparing a summary of points of merit to share with those that would be interested to collaborate on a court action. Of these claims, 2 have a statute of limitations of 6 years and 4 have SOL of 4 months, however because of NYS Pause actions it moves the filing date out to late June latest. The first level a legal action would go through would be Steuben County and then if necessary to Appellate Level in Rochester. The Appellate Level includes a panel of 5 judges which has been proven to be more impartial than the single Judge at Steuben County Level.
Please help Chad Zigenfus by supporting his Go Fund Me. All amounts are helpful.