MEDIA RELEASE: Article 78 filed in Canandaigua, NY against Town of Cohocton

The Town Board of Cohocton did not follow correct and prescribed procedure when the Windmill Local Law No 1 was passed in January 2006. An “Article 78” action was submitted to the Seventh Judicial Court District on May 16, 2006 to challenge the passage of this law. James Hall filed the suit against the Town Board of Cohocton. David Miller, attorney from Naples, NY, represents Mr. Hall in this suit.

Cohocton Supervisor – Jack Zigenfus was duly served notice of this Supreme Court action at the regular town board meeting by Cohocton Wind Watch President Steve Trude.

Mr. Zigenfus asked Cohocton Town Attorney, Pat McAllister, if he had to accept the notice. When the town supervisor was asked if he had any comments for the citizens in attendance or the press covering this meeting, he declined to make a statement.

The Town of Cohocton will need to defend their actions in court. Upon a successful ruling, the Town of Cohocton would need to start the process over for any passage of a new Windmill Local Law.