Municipalities hire attorney for wind farm suit

LOWVILLE — The attorney who helped develop Maple Ridge Wind Farm's payment agreement is now being asked to help defend local municipalities against the wind farm's recent lawsuit.

Representatives from involved taxing jurisdictions recently agreed to retain Kevin R. McAuliffe from Syracuse law firm Hiscock & Barclay to represent their interests in regard to the state Supreme Court suit, according to Lewis County Attorney Richard J. Graham.

Any costs incurred would be split based on the percentage of wind farm funding each jurisdiction receives, he said. That breakdown was calculated using 2003 and 2004 tax rates.

Mr. McAuliffe in 2003 helped to develop the 15-year payment-in-lieu-of-taxes agreement with Maple Ridge and has been retained by Jefferson County as its counsel for negotiations with wind farm developers.

Flat Rock Windpower, the company under which the 195-turbine wind farm was developed, was billed in December for a $8.99 million annual payment but paid only $2.29 million and filed a lawsuit justifying it. Flat Rock claims it should pay only the so-called "fallback amount," since it was decertified in June from the state Empire Zone program.

The company is appealing the state ruling but also seeking court approval of its PILOT interpretation, just in case its appeal is denied.

"We remain hopeful the EZ appeal will be favorably acted upon and all of this will be a moot point," Lowville Academy and Central School District Superintendent Kenneth J. McAuliffe, no relation to Kevin, said via e-mail.