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A State Supreme Court justice has dismissed a lawsuit brought against the Town of Allegany Planning Board by a wind power development company.

The decision by Justice Michael Nenno against Everpower Wind Holdings was brought to the attention of Concerned Citizens of Cattaraugus County by the group’s lawyer, Gary Abraham.

In December, Everpower sued both the Town of Allegany and the Allegany Planning Board, claiming the board’s request for a supplemental review of noise impacts, in light of the wind power company’s request to use larger turbine blades, was arbitrary.

Nenno threw out the lawsuit against the Planning Board, citing Everpower’s conduct as willfully obstinate.