Judge slams Lyme on turbine law

A report posted by Channel 7 WNYTV news (no longer accessable)

a group of local residents known as “Voters for Wind” filed a protest challenging the ordinance under section 265 of the New York Town Law. Under the law, when a written protest is filed, a supermajority vote (75%) is required to pass such an ordinance. Because no supermajority vote occured, the Voters for Wind challenged the decision of the Town Council in an Article 78 proceeding in the state’s Supreme Court (New York’s trial court).The Town Council had refused to take the written protest into account as some land owners’ signatures were not present and it considered others ineligible.
Judge slams Lyme on turbine law

Judge slams Lyme on turbine law
By BRIAN KELLY
TIMES STAFF WRITER
SATURDAY, AUGUST 23, 2008


CHAUMONT — A state Supreme Court judge has ruled the Lyme Town Council acted "arbitrarily and capriciously" when it rejected 10 property owners' petition protesting the adoption of a local law regulating the siting of wind turbines.

Judge Hugh A. Gilbert also declared Thursday the town law adopted May 6, which, among other things, required a minimum setback of 4,500 feet from the high-water marks of Lake Ontario and the Chaumont River, is invalid.

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