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
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.
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:
Town of Allegany:
CCCC Reply: