In Matter of Wind Power Ethics Group (WPEG) v. Zoning Bd. of Appeals of Town of Cape Vincent , the Town of Cape Vincent's zoning board approved the construction of wind-powered generators as a "utility."
When Wind Power Ethics Group filed suit to annul the Town's actions, the Jefferson County Supreme Court dismissed the case.
Since local zoning laws characterized utilities as "telephone dial equipment centers, electrical or gas substations, water treatment or storage facilities, pumping stations and similar facilities" built and maintained by municipalities, WPEG's contention that the plan was "arbitrary and capricious" wasn't embraced by the Appellate Division, Fourth Department.
Deference was given to the Town's interpretation of its own laws and because the outcome wasn't "irrational or unreasonable" (and was supported by "substantial evidence"), the lawsuit's dismissal was affirmed.
That was a waste of energy.
To download a copy of the Appellate Division's decision, please use this link: Matter of Wind Power Ethics Group (WPEG) v. Zoning Bd. of Appeals of Town of Cape Vincent