Concerned Citizens of Cattaraugus County, Inc., and Kathy Boser [as CCCC President] vs. Town of Allegany and Allegany Wind, LLC  [Everpower]
A petition filed pursuant to CPLR Article 78
updated 5/14/12
background on Allegany wind farm proposal
other Cattaraugus County wind farm proposals
background on government policies promoting wind farms

On November 9, 2011, Cattaraugus County Supreme Court Justice Michael Nenno dismissed CCCC's petition challenging the decisions of the Allegany Planning and Town Boards approving the Everpower wind project. Judge Nenno ruled that CCCC was too late filing its petition, and Ted Gordon's location within the noise protection zone created by the Allegany wind law was raised too late, after the Town's decisions.

The ruling is posted here.

An appeal notice was filed in December 2011. However, the appeal was deemed dismissed for failure to perfect the case in time, in September 2012.

The papers below were filed:

Petition (by Richard E. Stanton, Of Counsel, Muscato & Shatkin, PLLC,                        Buffalo, NY), attaching the following:

1 Affidavit of Richard R. James, E-Coustic Solutions, Oekemos, Michigan
2 Affidavit of Ted Gorton of Allegany, NY
3 Affidavit of Kathleen Boser Premo of Allegany, NY
4 Affidavit of Ray Mosman of Allegany, NY
5 Affidavit of James C. Severtson of Allegany, NY
6 Affidavit of Daniel Mohr of Allegany, NY
7. CCCC Memorandum of Law

Answer by Allegany Wind, LLC, attaching the following:

1. Affidavit of Kevin Sheen
2. Affidavit of David Hessler
3. Allegany Wind Memorandum of Law

Town of Allegany:

Affidavit of Carol Horowitz
Affidavit of Jerry Dzuroff
Town of Allegany Memorandum of Law

CCCC Reply:

CCCC Reply Brief in Support of Petition (Nov. 1, 2011)