Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455

The firm represented the Respondents in an Article 78 proceeding involving the proposed construction of a 29 unit wind farm. The Plaintiffs’ challenged the Planning Board’s approvals for the wind farm, claiming a number of substantive errors under SEQRA and procedural mistakes. The Court ruled in favor of the Respondents, primarily finding that Plaintiffs’ lawsuit was untimely in that they filed after the 30-day statute of limitations. The Court also found that the Town agencies acted in accord with the State and Local laws and ordinances in arriving at their determination for the wind farm. The Appellate Division affirmed the lower Court’s decision (115 AD3d 1268 (2014)).