COHOCTON - The Town of Cohocton is involved in a tug-of-war on the issue of wind farm development - with the most recent disagreement now in state Supreme Court.

The lawsuit - started in May - was initiated by James Hall, a Cohocton Wind Watch member, against the town board for issues involving Wind Mill Local Law No. 1. The law includes regulations for proposed wind farm development by UPC Wind Partner LLC.

According to his attorney, David P. Miller, the allegations stem from the drafting of the local law. The suit states the town board failed to conduct a full environmental impact form through the state Environmental Quality Review Act.

In response, the town board has been reworking some of the information in Wind Mill Local Law No. 2. Amy Wolfe, another member of CWW, is not convinced.

“It was not a valid law,” she said. “Therefore, the town had to rewrite and resubmit the windmill law, which they did, and basically didn't change it.

“They did enough to cover their hinnys and to make them not subject to a lawsuit,” Wolfe added.

This is not the last time the town board can expect legal intermission, she said.

“We're just going to keep suing,” she said. “I am definitely going to sue the town, leaseholder and UPC, and I know other people are going to do the same thing.

“I don't want to litigate, but the majority of our money is in our property,” she added. “My property values are going to plummet.”

According to Wolfe other measures by the Halls have included writing a letter notifying the Cohocton Zoning Board of Appeals that no permit was filed for the erection of a test tower, a letter to Gregg Walker, a planning board member, and Joe Dyckman, a town board member, asking them to remove themselves from their positions due to a conflict of interest with the wind company.

Councilman Wayne R. Hunt said cooperation between CWW and the town board has not been easy.

“We did not write it with UPC,” Hunt said, addressing an accusation from CWW about how the law was drafted. “We drafted it with the planning board after we studied many other towns that have active windmill laws. We also had several public hearings, and at least three that went into input of the local law.”

Wind Mill Local Law No. 2 however, has several provisions in it, he said, that will regulate wind farms while not prohibiting them.

The town board's primary goal was not in generating money, Hunt said.

“The true issue is about wind generation of electric power,” he said. “In New York, the goal is 5 percent of the total will be wind power by 2013, and Cohocton is part of the project.”

Another group-YesWind was recently formed in the town. The group's mission, according to its Web site at www.yeswindcohocton.com, is to raise awareness for those who support wind farm development.

Despite recent criticism, Matt Deusenbery, who owns a 700-acre dairy farm with his father, Jerry, along State Route 371, has signed a contract with the wind company.

“I don't have a problem. I just went by some,” he said when asked what he thought of the towers. “We already have cell phone towers, and a 100-foot harvester in the air.”

It's going to help a lot of struggling farmers, and smaller farmers will be able to stay in business and have a little extra income,” Deusenbery added. “You've got to start somewhere.”

When asked his opinions on the lawsuit, Deusenbery called it, “ridiculous,” adding “It's just five people mainly that live on the hill.

“Where James Hall lives (on Pine Hill) we used to be able to see the Canandaigua Lake, but we don't complain, because he bought that property,” he added. “It should be that way all around.”

The proposed wind farm will be constructed by UPC Wind Partner LLC, and calls for 41 2.0-megawatt turbines. Each will stand about 403-feet high. The area will encompass more than 5,775 acres. In addition, the construction is slated for spring of 2007, and may be completed as early as October.

For more information on CWW, visit it's Web site at www.batr.net/cohoctonwindwatch/.