Wednesday, March 17, 2010

Upstate NY Power to cover legal expenses for Hounsfield

The town of Hounsfield can forward all legal bills from Schwerzmann & Wise P.C. law firm to Upstate NY Power Corp.'s mailbox.

Upstate NY Power Corp., developer of the Galloo Island Wind Farm, will foot all of the legal bills incurred by the town regarding the lawsuit brought against it by the town of Henderson.

"It won't cost the taxpayers in the town any money," said Dennis G. Whelpley, town attorney.

Mr. Whelpley said Upstate NY Power is responsible for any expenses Hounsfield is faced with regarding the proposed Galloo Island Wind Farm because the firm will have no project if a judge rules in favor of the town of Henderson.

The town of Henderson brought legal action against Hounsfield on Feb. 5 when it asked a judge to annul the town of Hounsfield Planning Board's site plan approval for the proposed Galloo Island Wind Farm. Henderson filed a state Supreme Court Article 78 proceeding against Hounsfield, the state Department of Environmental Conservation and Upstate NY Power.

The town of Hounsfield Planning Board approved the site plan for the wind farm Jan. 6, and Henderson is asserting that the State Environmental Quality Review Act was incomplete and that the requirements for the

SEQR were never met by DEC.

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