FLX Strong and Cayuga Lake Environmental Action Now (CLEAN) have filed an Article 78 Petition against the town of Lansing Zoning Board of Appeals
What is an Article 78 Petition?
Article 78 petitions are lawsuits used to challenge an action (or inaction) by agencies of New York State and local governments.
This proceeding is filed by FLX Strong and CLEAN vs. Town of Lansing Zoning Board of Appeals, TeraWulf Inc., Cayuga Operating Company LLC, Lake Hawkeye LLC, and Fred DelFavero.
What is in the Article 78 Petition?
The goal of this petition is to "correct fundamental errors of law and violations of lawful procedure committed by the Town of Lansing Zoning Board of Appeals in its decision concerning a proposed large-scale data center campus along the shores of Cayuga Lake."
FLX Strong and CLEAN’s Statements
Along with the 2 organizations, there are also 7 individual citizens listed with accompanying affirmations. They state the different ways that a data center project would cause injuries to them, including but not limited to:
Harm to environmental interests, including impacts on bird species;
Reduced use and enjoyment of residential property due to noise and light pollution;
Potential decreases in grid reliability owing to increased energy demand
“In ruling that a modern, large-scale data center fits under the traditional zoning use of “general processing,” a slim majority of the Zoning Board has effectively rewritten the Town Code under the guise of interpretation. The decision is damaging both in the short term, by treating a data center as a permitted use by right, and in the long term, by opening the door to treating any type of business as “general processing,” no matter its character”
We are Raising Funds for Legal Representation
Our legal representation is not free and we have started a fundraising campaign. If you are able and can contribute to this cause we ask that you visit https://cleancayugalake.org/donate/ to make a donation.
Any amount, large or small, is appreciated and will assist in protecting the Cayuga Lake watershed from the potentially harmful environmental and community impacts of this data center.
What Will Happen Now?
The proceeding has been filed with the Tompkins County Supreme Court. It will be reviewed by a judge and we will keep you updated on the next steps! Share widely and be on the lookout for fundraising events in the future!
