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News Watch Home

Hammond wind lawsuit heads to court 

Credit:  By AMANDA PURCELL, via: energyvalleyofnewyorkstate.blogspot.com 8 March 2012 ~~

HAMMOND – A group of landowners challenging wind turbine restrictions in the town’s Wind Energy Facility Law will have their day in court March 16.

Landowners Michele W. and Daniel I. McQueer, Steven S. Demick, William F. Hadlock and Crayton L. Buck are bringing the legal challenge against the town in state Supreme Court in Canton.

The town will also have the opportunity to defend the law. The Wind Energy Facility Law was in order “to ensure that public health, safety and welfare will not be jeopardized” by the building of wind turbines, the law states.

Landowners claim that the law was arbitrary and discriminatory, and specifically targeted landowners who already had contracts in place to build turbines on their property by being overly restrictive in where wind turbines may be placed. The landowners will be represented by Scott B. Goldie of Conboy, McKay, Bachman & Kendall LLP, Canton.
“There is legal error in the manner in which they enacted this local law,” Mr. Goldie said Wednesday. “Both sides will be heard. Based on the facts, the courts will make a decision.”

Mr. Goldie and the landowners hope that the decision will result in a reversal of the law.

Michele M. McQueer, a landowner who is a plaintiff in the case, last year warned the board she would file legal action if they passed the law.

The law was enacted on Oct. 3. On Nov. 3, Mrs. McQueer and fellow landowners filed their petition.

“I’ll be glad when we finally get a decision,” said Mrs. McQueer.

When or if a decision will be reached about the fate of the law remains unseen.

“There could be a number of possibilities, any number of which may or may not be settled on the 16th,” said Mr. Goldie.

Source:  By AMANDA PURCELL, via: energyvalleyofnewyorkstate.blogspot.com 8 March 2012

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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