The Steuben County Supreme Court, by Decision dated January 9, 2008 has made a ruling in the Town of Cohocton wind turbine case.
In the matters of Cohocton Wind Watch and James Hall et al. against Canandaigua Power Partners et al, and two related cases, acting Supreme Court Justice Marianne Furfure has determined that with one exception in one case, the petitioners in each of the three pending lawsuits have standing to proceed with the actions. In addition, Judge Furfure denied the respondents' motion to dismiss the cases, finding that the petitioners did not violate the stature of limitations and that the petitioners did not fail to exhaust their administrative remedies by not appealing a decision of the Town's Code Enforcement Officer to the Town's Zoning Board of Appeals. Finally, Judge Furfure declared that all of the individual property owners whose lands are to be a part of the wind turbine projects are necessary parties to the actions.
Judge Furfure has given the petitioners additional time to serve some of the landowners with copies of the petition in the actions, and has given counsel for the respondents sixty days in which to serve their answers to the petitions upon counsel for the petitioners.
Dated: January 10, 2008
David P. Miller 111 N. Main St.Naples, NY 14512
(585) 374-2130