Monday, October 24, 2011

State's top court denies Clear Skies Over Orangeville's latest appeal

ORANGEVILLE — The state’s highest court has denied Clear Skies Over Orangeville’s latest appeal request.

The Court of Appeals issued its ruling Thursday. It declined to hear the case.

The group opposing the Stony Hill wind farm filed the request in July. It argued that councilmen Hans Boxler Jr. and Andrew Flint should have recused themselves from voting on the town’s 2009 zoning ordinances, claiming conflicts of interest.

The ordinances had included rules for wind turbine development.

The CSOO lawsuit was originally filed in January 2010. It sought to invalidate the updated zoning, but was dismissed three months later.

In his original decision, State Supreme Court Judge Patrick NeMoyer ruled Town Board members did not act unlawfully when they approved the ordinances. He also found no conflicts of interest among the voting councilmen.

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