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Company files Article 78 lawsuit against Coeymans officials

Jun 06, 2023 12:51 am

Melanie Lekocevic reports for Capital Region Independent Media that the Long Energy company filed an Article 78 lawsuit May 26 in Albany County Supreme Court against the town of Coeymans and joint planning/zoning board of appeals after their proposal to build a bulk fuel storage facility was turned down. Long Energy failed to get approval with a 3-3 vote from the planning/zoning board of appeals. The company was attempting to build a bulk fuel storage facility on five acres on Route 101 with two 30,000-gallon fuel tanks. Attorney Beth Carey, general counsel for Long Energy, said, "the goal is to have the court, because of the egregious behavior shown by the planning board/zoning board and some of the members, to actually remand it for them to approve the project, or in the alternative, to give some more direction to make a decision.” The lawsuit alleges the project saw roadblocks from the town because Robert Nolan, chair of the planning/zoning board of appeals, owns a competing business in town. “This matter involves a brazen and concerted effort by a select group of Town of Coeymans officials, who have systematically abused their authority and attempted the kill the project, for the benefit of their own personal business and financial interests,” the lawsuit alleges. Nolan did not respond to multiple requests to comment in the story. Coeymans Town Supervisor George McHugh was also named in the lawsuit, and said, “We are confident that the facts will establish that the planning board acted lawfully at all times during the review of this special-use permit application.” Read more about this story in TheUpstater.com.

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