The AL Asphalt applicants have filed an appeal to challenge the dismissal of their Article 78 filing with the courts. This means that the AL Asphalt group has chosen not to proceed with the environmental study, but rather chosen to attempt to continue racking up legal feels with the Town of Hamburg in hopes that they can force the town to settle, in our opinion.
We strongly oppose any settlement with the asphalt company due to the fact that the evidence presented and the decision issued by the courts appear extremely strong due to a wide number of factors. This means that, in our opinion, this case is highly unlikely to succeed in appeals.
If you would like to express your concerns around a potential settlement, or at a minimum hear an update directly about the settlement proceedings, the Town of Hamburg has called a special meeting Monday, February 10th at 7pm in Conference Room 1 in Hamburg Town Hall.
For further evidence as to why we do not think that there is a strong case for appeals, please read Drew Reilly’s submission to the courts in regards to why the AL Asphalt application is appropriately classified as an unclassified SEQR action, thus requiring a full environmental study by clicking this link. You will find that this language was directly cited multiple times in the decision made last month referenced by Judge Panepinto. We struggle to see how a different court could interpret this evidence in a way that would be favorable to the asphalt plant applicant.