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Judge says mushroom plant suit not justified
By Victor Whitman
Times Herald-Record
March 4, 2006
Wurtsboro - The controversial Yukiguni Maitake mushroom plant on Route 209 has cleared a big hurdle.
A judge has rejected opponents' claims that the Town of Mamakating's Planning Board did a poor job of assessing the environmental consequences of the plant.
"The court," wrote state Supreme Court Judge Robert Sackett, "is more than satisfied that the Planning Board identified the relevant areas of environmental concern, certainly took a hard look at them..."
In his ruling, dated Feb. 28, Sackett said that the Basha Kill Area Association had standing to bring the lawsuit, but he rejected all claims that environmental reviews were done incorrectly.
A second lawsuit against the town's Zoning Board of Appeals and a technical review of the site plan by the Planning Board are the last barriers for the 80-foot-tall plant with a footprint of nearly 5 acres.
"Obviously we are happy with the ruling," said Yukiguni's lawyer, Charles Bazydlo. "I would hope to have the approval in the next few months, three months say."
Residents of this town on the border of Orange County have been hotly divided over the Yukiguni project: "No Mushroom Plant!" signs have sprouted along Route 209; supporters are touting the 210 jobs and tax benefits.
"I haven't read the decision yet; I just know they (opponents) lost it," said Mamakating Supervisor Charlie Penna, who has taken no official position on the plant.
The outlook for opponents is becoming increasingly grim.
"As a rule of thumb, if boards follow proper procedure, there's a fair history that judges are deferential to local decisions," said Orange County Planning Commissioner Dave Church. "Unless a municipality went out of its way to ignore evidence, the courts don't want to get into a 'he said, she said' situation."
The Basha Kill Area Association plans to appeal.
"Most environmental lawsuits lose at the first level, so this decision is not surprising," Paula Medley, the association's president, said. "Ultimately we remain committed to thwarting construction of a mushroom plant which possesses an inordinate appetite for Mamakating's water and space."
Reporter Steve Israel contributed to this report.
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