By Gwen Chamberlain
The Chronicle-Express
Posted Sep 14, 2010 @ 02:01 PM
Last update Sep 15, 2010 @ 01:19 PM
Italy, N.Y. —
The town of Italy can’t afford to pay the law firm that has been representing it in a suit filed by Ecogen LLC, so the firm — Harter, Secrest & Emery — is being relieved by Judge John J. Ark.
Ark spent nearly two hours in private sessions with attorneys for both sides of the lawsuit after hearing comments in a 45 minute courtroom session Sept. 8.
When he returned to the courtroom to announce his decision, Ark said Harter, Secrest & Emery will be responsible for answering 45 survey questions on behalf of Italy that he sent to the town, Ecogen and the Finger Lakes Preservation Association following up to the town’s motion to dismiss the lawsuit. Once those questions are answered, the town will be without legal representation in the case.
But Italy will need counsel for the next court date, which is Sept. 27 in Rochester.
The lawsuit was filed by Ecogen LLC over the town’s denial of a special use permit for a wind generation facility last October. Ecogen had applied for a permit to build up to 17 wind turbines in Italy. The company has similar plans for the town of Prattsburgh.
Harter Secrest & Emery Partner Richard Alexander told the judge the town owes his firm around $175,000 in legal fees and more than $5,000 in costs.
According to Italy Town Supervisor Brad Jones, who took office Jan. 1, the town used $200,000 from surplus funds last year to pay legal bills, and when the previous town board established the 2010 budget last fall, it only included $40,000 for legal expenses for the entire 2010 year. That amount has already been spent.
Harter Secrest & Emery sent a bill for $46,000 to the town in January.
Alexander said Jones promised to pay the firm $20,000 in June, but when the firm inquired in July about the payment, it was learned the town used the funds to pay other legal expenses.
Jones told the judge the town’s total annual budget is between $800,000 and $900,000, and to pay the fees and costs now will require a 20 to 30 percent property tax increase in 2011.
He said the town has asked the law firm to agree to a payment plan. “It’s not an unwillingness to pay,” he said.
Italy Town Attorney Ed Brockman told the judge the town will be put at an extreme disadvantage without the representation of Harter Secrest & Emery as the case progresses.
Alexander said the firm had been engaged in conversations to try to work things out, but added, “The clients are being unreasonably difficult to deal with.” He said there was tension between the firm and Jones that he wanted to discuss privately with the judge.
“If the court does not dismiss this case, we face a significant loss in fees and disbursements,” Alexander said.
During the open discussions and comments, Brockman said this situation is the goal of the Ecogen team — to push the town’s financial resources into the red.
Gary Abraham, the attorney representing the Finger Lakes Preservation Association, an unincorporated group of citizens that has been involved in the issue, said the town offered to enter into a payment plan with the law firm. “There’s no question they would be paid over time,” he said.
Ark told the parties, “The liklihood is that this litigation is going to go on for a long time.”
Noting the nature of the case, he added, “We’re in uncharted territory,” explaining that even if he does rule to dismiss the case, there’s a chance it will continue to drag out in appeals.
Copyright 2010 Penn Yan Chronicle-Express. Some rights reserved
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Dear Gwen, I was there at the hearing and would like to correct your report. Supervisor Jones stated that it WOULD necessitate a one year tax increase of 20-30 percent for the citizens of the Town of Italy to pay for the legal battle our town has had to engage in in order to forestall the advances of the wind turbine corporation, IF we were to try to pay for it all at once. He made a point to explain that our town board would never ask for such a one time increase due to the extraordinary burden it would place on our townfolks, and that we are presently working on payment arrangements which could be spread out over time, and possibly offset through negotiations and other means. He never said that our town board WILL increase the tax burden by such a large percentage all at once, as your report implies. Please publish a revision of your 'by the numbers' statement, as it is not indicative of what Supervisor Jones actually said. Thank you.
Fred Johnstone, Italy resident and Town Councilperson.
Gwen Chamberlain
20 hours ago
Report Abuse
________________________________________
Fred - Thanks for the note. You, of course, are correct. I'll fix the sidebar and run a correction next week in the print issue as well. I sincerely apologize... it was an error that resulted from last minute design decisions on deadline, but as you rightly point out, it implies the wrong thing.
The Chronicle-Express
Posted Sep 14, 2010 @ 02:01 PM
Last update Sep 15, 2010 @ 01:19 PM
Italy, N.Y. —
The town of Italy can’t afford to pay the law firm that has been representing it in a suit filed by Ecogen LLC, so the firm — Harter, Secrest & Emery — is being relieved by Judge John J. Ark.
Ark spent nearly two hours in private sessions with attorneys for both sides of the lawsuit after hearing comments in a 45 minute courtroom session Sept. 8.
When he returned to the courtroom to announce his decision, Ark said Harter, Secrest & Emery will be responsible for answering 45 survey questions on behalf of Italy that he sent to the town, Ecogen and the Finger Lakes Preservation Association following up to the town’s motion to dismiss the lawsuit. Once those questions are answered, the town will be without legal representation in the case.
But Italy will need counsel for the next court date, which is Sept. 27 in Rochester.
The lawsuit was filed by Ecogen LLC over the town’s denial of a special use permit for a wind generation facility last October. Ecogen had applied for a permit to build up to 17 wind turbines in Italy. The company has similar plans for the town of Prattsburgh.
Harter Secrest & Emery Partner Richard Alexander told the judge the town owes his firm around $175,000 in legal fees and more than $5,000 in costs.
According to Italy Town Supervisor Brad Jones, who took office Jan. 1, the town used $200,000 from surplus funds last year to pay legal bills, and when the previous town board established the 2010 budget last fall, it only included $40,000 for legal expenses for the entire 2010 year. That amount has already been spent.
Harter Secrest & Emery sent a bill for $46,000 to the town in January.
Alexander said Jones promised to pay the firm $20,000 in June, but when the firm inquired in July about the payment, it was learned the town used the funds to pay other legal expenses.
Jones told the judge the town’s total annual budget is between $800,000 and $900,000, and to pay the fees and costs now will require a 20 to 30 percent property tax increase in 2011.
He said the town has asked the law firm to agree to a payment plan. “It’s not an unwillingness to pay,” he said.
Italy Town Attorney Ed Brockman told the judge the town will be put at an extreme disadvantage without the representation of Harter Secrest & Emery as the case progresses.
Alexander said the firm had been engaged in conversations to try to work things out, but added, “The clients are being unreasonably difficult to deal with.” He said there was tension between the firm and Jones that he wanted to discuss privately with the judge.
“If the court does not dismiss this case, we face a significant loss in fees and disbursements,” Alexander said.
During the open discussions and comments, Brockman said this situation is the goal of the Ecogen team — to push the town’s financial resources into the red.
Gary Abraham, the attorney representing the Finger Lakes Preservation Association, an unincorporated group of citizens that has been involved in the issue, said the town offered to enter into a payment plan with the law firm. “There’s no question they would be paid over time,” he said.
Ark told the parties, “The liklihood is that this litigation is going to go on for a long time.”
Noting the nature of the case, he added, “We’re in uncharted territory,” explaining that even if he does rule to dismiss the case, there’s a chance it will continue to drag out in appeals.
Copyright 2010 Penn Yan Chronicle-Express. Some rights reserved
Loading commenting interface...
________________________________________
Dear Gwen, I was there at the hearing and would like to correct your report. Supervisor Jones stated that it WOULD necessitate a one year tax increase of 20-30 percent for the citizens of the Town of Italy to pay for the legal battle our town has had to engage in in order to forestall the advances of the wind turbine corporation, IF we were to try to pay for it all at once. He made a point to explain that our town board would never ask for such a one time increase due to the extraordinary burden it would place on our townfolks, and that we are presently working on payment arrangements which could be spread out over time, and possibly offset through negotiations and other means. He never said that our town board WILL increase the tax burden by such a large percentage all at once, as your report implies. Please publish a revision of your 'by the numbers' statement, as it is not indicative of what Supervisor Jones actually said. Thank you.
Fred Johnstone, Italy resident and Town Councilperson.
Gwen Chamberlain
20 hours ago
Report Abuse
________________________________________
Fred - Thanks for the note. You, of course, are correct. I'll fix the sidebar and run a correction next week in the print issue as well. I sincerely apologize... it was an error that resulted from last minute design decisions on deadline, but as you rightly point out, it implies the wrong thing.
posted by Yes! Wind Power for Cohocton at
6:45 AM
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