Media Release regarding Article 78 Supreme Court decision by attorney David Miller

On July 21, 2006, Supreme Court Justice John J. Ark issued a Decision and Order in the matter of James Hall v. Jack Zigenfus et al., constituting the Town Board of the Town of Cohocton. Judge Ark dismissed Mr. Hall’s petition on the narrow grounds that Mr. Hall lacked standing to commence his lawsuit.

Mr. Hall disagrees with the Court’s decision and regrets that the Court declined to address the merits of the case, namely that the Town Board failed to comply with the State SEQR environmental review process before it adopted the windmill local law. This was an allegation made by Mr. Hall in his lawsuit and which was not denied, by the Town Board in any of its responding papers.

Mr. Hall firmly believes that as a resident of the Town of Cohocton in an area where wind turbines generators are now permitted he does have the standing to contest the Town Board’s action. Furthermore, he believes that the Cohocton Town Board should have complied with New York State law before it adopted the windmill law. Accordingly, Mr. Hall will appeal the Court’s decision.

David P. Miller - ESQ