07/31/2026
Steve gave a great overview of Home Rule and the premise of the three lawsuits that have been filed against NYS ORES by GlenFARMLand, the Town of Glen and Montgomery County.
The lawsuits, referred to as an Article 78, are based upon procedure being violated.
What is an Article 78?
An Article 78 proceeding is a special type of lawsuit in New York used to challenge decisions, actions, or failures to act by state and local government agencies, public officers, or boards.
An article 78 challenges actions that may be considered:
- Arbitrary and capricious: Decisions made without a sound basis in reason or regard for the facts.
- Abuse of discretion: Actions or penalties that are shockingly unfair or outside proper judgment.
- Error of law: Decisions that violate governing statutes or rules.
- Lack of substantial evidence: Hearing outcomes not supported by the recorded proof.
- Failure to perform a duty: Refusing to carry out a mandatory legal obligation.
- Excess of authority: Acting beyond legal jurisdiction.
Ultimately, the lawsuits argue that ORES did not follow procedure throughout the review of the Mill Point Solar project. A permit was issued without allowing for hearings of the substantive issues raised.
The intent of these Article 78 lawsuits is to correct ORES' indiscretion, and allow the local municipalities to have a seat at the table- something that has not been allowed to date.
We are currently awaiting a date to be assigned and will post updates as they come in.
