Quasar attorney hints at litigation against Wheatfield
By Thomas Prohaska, The Buffalo News, N.Y. | |
McClatchy-Tribune Information Services |
The byproduct from the anaerobic digestion process Quasar uses at its
Resident
Town Attorney
Keneally said, "passing a local law, especially a moratorium local law, has to be based on facts and science, or it risks being arbitrary and capricious."
Local governmental actions that are deemed arbitrary and capricious are vulnerable to being overturned in court.
Keneally also warned that harming Quasar's business could be considered taking of property without due process, or a violation of
The proposed law allows existing equate-related activities to continue, but Carr said the law might interfere with Quasar potentially improving its technology.
"We could look at eventually changing something at our plant, making it better," Carr said. But he asserted that the law would stop Quasar from doing so.
O'Toole said the facility wouldn't be allowed to expand, but new sludge supply contracts probably would be all right.
"It's still the same business," Supervisor
Meanwhile, the board blocked action on the
The project, brought forward by
Parts of the parcel are in a flood plain, and Town Engineer
Residents warned the board that fill might cause flooding into existing homes' backyards nearby and force the owners to buy flood insurance.
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