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Ecogen, LLC v. Town of Italy

438 F. Supp. 2d 149 (2006)

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Ecogen, LLC v. Town of Italy

United States District Court for the Western District of New York

438 F. Supp. 2d 149 (2006)

Facts

Ecogen, LLC (plaintiff) sought to construct an electrical substation in the Town of Italy, New York (the town) (defendant). Ecogen aimed to build dozens of wind towers in the town and in Prattsburgh, which neighbored Italy. Ecogen acquired property rights and easements in both Italy and Prattsburgh in order to construct its project. The town instituted a moratorium that prohibited the construction of wind towers and support facilities. The town wanted time to establish proper zoning controls of such structures to ensure wind towers and related facilities did not affect the scenic and aesthetic attributes of the town. The moratorium was initially set to last six months, but it had been renewed several times and in effect for two years. The moratorium provided for a hardship exception to the prohibition on wind-tower-related construction. Ecogen had been constructing a wind-tower project in nearby Prattsburgh and needed to complete the electrical substation in Italy by a certain date to complete the Prattsburgh project and receive tax credits. Ecogen brought an action against the town for a violation of due process, among other claims, seeking a preliminary injunction of the moratorium.

Rule of Law

Issue

Holding and Reasoning (Larimer, J.)

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