Wind plan stirs lawsuit

CANTON — A grass-roots group opposing a recently enacted wind farm ordinance filed a lawsuit Wednesday against the town of Hammond.

Watertown attorney David P. Antonucci, representing Concerned Residents of Hammond, filed the lawsuit in state Supreme Court here. The town has 20 days to respond to the lawsuit, once it is served.

The lawsuit alleges the wind farm ordinance approved Oct. 27 by the Hammond Town Council should be overturned because the environmental review process was not followed properly. The ordinance created regulations for wind farms, including setbacks, heights and locations for wind turbines in the town.

The town didn't start a state Environmental Quality Review Act application, including naming a lead agency for the review, the lawsuit states. It mentions a town councilman who backed that claim in an open session of a meeting.

PPM Energy of Portland, Ore., which is part of the Spanish company Iberdrola SA, has proposed erecting 50 wind turbines in the town. The 100-megawatt project could cost an estimated $200 million.

PPM officials said recently that some obstacles need to be resolved, including determining how to transmit the electricity generated, before a wind farm could come to Hammond.

Town Supervisor Janie G. Hollister refused to comment about the lawsuit, and attorney Frederick E. Paddock did not return phone calls left Wednesday.

Hammond Councilman Ronald E. Tulley II said he feels there is a lot of misinformation in the town.

"We did our work that we needed to do and therefore put all the safeguards in place," Mr. Tulley said. "I think the only reason they (used a SEQRA defense) is that it is their best-case scenario, and it's weak at best."

William A. Rogers, spokesman for CROH, said Mr. Antonucci is very optimistic the law will be overturned because a similar law in Centerville was recently overturned for a SEQRA violation.

"We couldn't take a chance, we needed to get it filed," Mr. Rogers said. "We certainly aren't happy we have to resort to legal action, but the fact that law was already on the books left us no alternative."